Legal Opinion

In re Brooklyn Union Elevated Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1905PublishedCited by 2 opinions

Appeal from Special Term, Kings County. Petition by the Brooklyn Union Elevated Railroad Company against James H. Hart for the condemnation of certain real estate. From an order confirming the report of commissioners awarding damages, defendant appeals. Reversed.

1Opinion of the CourtMiller, J.

This is an appeal from an order confirming the-report of commissioners awarding nominal damages to the appellant in condemnation proceedings. So far as the easements of light,. *925air, and access are concerned, the matter was fully litigated before the commissioners in respect to the relative injury and benefit to the appellant’s property from the use of the street by the plaintiff. The appellant’s property is located at the corner of Broadway and Gates avenue. The buildings thereon, used for stores and flats, were erected subsequent to the construction of the Elevated, which was in operation in…

2Cases cited3 opinions

  1. Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
  2. Parish v. . BairdNew York Court of Appeals · 1899
  3. In re New York Elevated RailroadNew York Supreme Court · 1890

3Cited by2 opinions

  1. Portland v. TigardOregon Supreme Court · 1913
  2. In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1905

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