Brush v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 17, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as matetial, are stated in the opinion. There was no change of grade in Baychester avenue; it was the original establishment of a grade.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 17, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as matetial, are stated in the opinion. There was no change of grade in Baychester avenue; it was the original establishment of a grade. Section 951 of the New York city charter prohibits any damages for the original establishment of the grade of a street, or where the abutting property is vacant. (McCabe v. City of…
1Opinion of the Court
Willard Bartlett, Ch. J.
This controversy arises over the construction of a bridge (and the approaches thereto) which carries Baychester avenue over the railroad line of the Harlem River and Port Chester Railroad Company (now leased to the New York, New Haven and Hartford Railroad Company) near Pelham Bay park in the borough of The Bronx. The plaintiff owns lands abutting on Baychester avenue and the erection of the bridge and „its approaches has partly deprived him of the bene*267ficial use and enjoyment of his easements of light and air in and over the avenue and has interfered with convenient…
2Cases cited2 opinions
- McCabe v. . City of New YorkNew York Court of Appeals · 1915
- Matter of City of New York (West 134th St.)New York Court of Appeals · 1912
3Cited by1 opinion
- In re the Proceeding, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1937