Page v. Metropolitan El. Ry. Co.
New York Court of Common Pleas
Appeal from equity term. Action by Caroline Grace Page and others against the Metropolitan Elevated Railway Company and another to enjoin defendants from the further maintenance and operation of their elevated railroads in front of plaintiffs’ premises, known as “Yo. 972 Second Avenue,” and for damages to said premises. There was a judgment in favor of plaintiffs, and defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
But one point is urged upon this appeal, and this relates to the court’s award of fee damage, in view of the findings of fact, which, it is claimed, render the judgment erroneous upon any method of computation. Upon the evidence ad'■duced the amount of damage was to be arrived at through a comparison between the value of the premises in 1873 and their value at the present date, making allowance for wear and tear of the building, and holding in view the general increase of 50 per cent, upon land values in the vicinity. It was, perhaps, also possible to arrive at a conclusion in this regard by…
2Cases cited1 opinion
- Paisley v. CaseyNew York Court of Common Pleas · 1891