Struthers v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by "William Strothers against the New York .Elevated Raikmd Company and the Manhattan Railway Company to restrain the maintenance and operation of defendants’ elevated railway in front of the premises No. 315 East Thirty-Fourth street, New York city, and to recover damages sustained by plaintiff by reason thereof.
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Appeal from judgment on report of referee. Action by "William Strothers against the New York .Elevated Raikmd Company and the Manhattan Railway Company to restrain the maintenance and operation of defendants’ elevated railway in front of the premises No. 315 East Thirty-Fourth street, New York city, and to recover damages sustained by plaintiff by reason thereof. From a judgment providing that an injunction should issue unless defendants pay plaintiff $2,400 on the execution of a deed or release conveying the easements taken, and that plaintiff recover $2,320 damages, defendants appeal. The…
1Opinion of the CourtBischoff, J.
The easements appurtenant to land abutting upon defendants’ elevated railroad being without more than nominal value, abstractly considered, compensation for injury to the fee caused by the presence and operation of the railroad must be measured by the effect which the taking of the easements has produced upon the land itself; or, in other words, the proper measure of compensation is the difference in the market value of the land with and without the easements. Newman v. Railroad Co., 118 N. Y. 618, 23 N. E. Rep. 901; Bohm v. Railroad Co., 129 N. Y. 576, 29 N. E. Rep. 802. A refusal,…
2Cases cited5 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Becker v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Storck v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Betjeman v. New York Elevated RailroadNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Nette v. New York El. RailroadNew York Court of Common Pleas · 1895
- Kopetzky v. Metropolitan El. Ry. Co.New York Court of Common Pleas · 1895
- Lindheim v. New York Elevated RailroadNew York Court of Common Pleas · 1893