Roberts v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of- the court on trial at Special Term. This was an action to restrain defendants from maintaining and operating their elevated railroad on Third avenue in front of plaintiff’s premises in the city of Eew York, and to recover damages.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of- the court on trial at Special Term. This was an action to restrain defendants from maintaining and operating their elevated railroad on Third avenue in front of plaintiff’s premises in the city of Eew York, and to recover damages. The judgment granted the injunction asked, unless defendants pay a sum stated as the value, and upon conveyance of the plaintiffs easements in the street taken…
1DissentGray, J.
ThE errors presented by this record, and upon which the appellants insist as requiring the reversal of the judgments below, consist in the admission by the trial court of certain evidence adduced by plaintiff to show that the maintenance and operation by defendants of the elevated railroad were damaging to his property rights. Witnesses were called, who were qualified to speak from business experience, from familiarity with the values of real property in the city of New York, and who professed to be skilled, by reason of an especial study of the general effect upon abutting properties of the…
2Cases cited9 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
- Van Deusen v. . YoungNew York Court of Appeals · 1864
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