Reining v. New York, Lackawanna & Western Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 29, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 29, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is not liable in this action for any diminution of the value of the use of the plaintiffs’ premises caused by the raising of the grade of a portion of Water street, and the construction and operation of its railroad thereon. (Fobes v. R., W. & O. R. R. Co., 121 N. Y. 505; Laws of 1870, chap.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The principal question in this case respects the rights of the plaintiffs as abutting owners, to recover damages occasioned by the construction of the defendant's road in Water street in the city of Buffalo. The plaintiffs' premises are situated on the northerly side of Water street and are bounded easterly by Commercial street, westerly by Maiden Lane, and southerly by Water street, and occupying the whole lot is a four-story brick building used as a store and…
2Cases cited8 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- The People v. . KerrNew York Court of Appeals · 1863
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
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3Cited by44 opinions
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Brown v. Board of SupervisorsCalifornia Supreme Court · 1899
- Walters v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1913
- Rigney v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1916
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
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