Powers v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior Court of the city of Hew York, entered u¡)on an order made December 6, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict of a jury, and affirmed an order denying a motion for a new trial. The action was for damages to plaintiff’s property caused by the construction and operation of the elevated railroad in the city of Eew York.
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Appeal from judgment of the G-eneral Term of the Superior Court of the city of Hew York, entered u¡)on an order made December 6, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict of a jury, and affirmed an order denying a motion for a new trial. The action was for damages to plaintiff’s property caused by the construction and operation of the elevated railroad in the city of Eew York. Plaintiff did not claim to own the soil of the street, but only an easement therein as abutting owner. The facts are sufficiently stated in the opinion. The failure of the defendant to…
1Opinion of the CourtBrown, J.
At the plaintiff’s request the court instructed the jury “ that the failure of the defendant to institute condemnation proceedings before taking possession of the plaintiff’s property and before trial of this action éntitled the jury to give exemplary damages against them, should the jury so desire.”
An exception to this charge presents the only error upon which the appellant asks a reversal of the judgment.
We think the exception was well taken. To justify an award of exemplary damages the evidence must show on the defendant’s part malice, or fraud or gross negligence. The act causing the…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
3Cited by17 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Roberts v. New York CitySupreme Court of the United States · 1935
- Abendroth v. Manhattan Railway Co.New York Court of Appeals · 1890
- Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
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