Cook v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Valentine E. H. Cook against the Hew York Elevated Railroad Company and others to restrain the operation of a branch of the elevated railroad running in front of plaintiff’s premises Ho. 339 East Thirty-Fourth street, between Second and Third avenues, in the city of Hew York, and for damages.
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Appeal from judgment on report of referee. Action by Valentine E. H. Cook against the Hew York Elevated Railroad Company and others to restrain the operation of a branch of the elevated railroad running in front of plaintiff’s premises Ho. 339 East Thirty-Fourth street, between Second and Third avenues, in the city of Hew York, and for damages. The judgment entered on the report of a referee granted an injunction, to become operative in 90 days unless defendants paid the plaintiffs $1,500, at which sum the damage to the fee value of the premises was fixed. Damages for loss of rentals from…
1Opinion of the CourtDaly, C. J.
The judgment will have to be reversed for error in the refusal of the referee to find, as fact, at the defendants’ request, that the easements of light, air, and access, the only property in the street pertaining to the plaintiffs’ land, taken for the use of the railroad, have only a nominal value in themselves, aside from any damage to the said land. Bookman v. Railroad Co., N. Y. App.) 33 N. E. Rep. 333; Sutro v. Railway Co., Id. 334. It is contended by respondent’s counsel that the refusal to find as requested would be material only in case that the evidence warranted a finding of benefits…
2Cases cited1 opinion
- Brush v. Manhattan Railway Co.New York Court of Common Pleas · 1892
3Cited by5 opinions
- Kahn v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Johnson v. New York El. R.New York Court of Common Pleas · 1891
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894
- Johnson v. New York Elevated RailroadNew York Court of Common Pleas · 1894
- Mooney v. New York Elevated RailroadNew York Court of Common Pleas · 1893