Griswold v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of tlie General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made March 5, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of tlie General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made March 5, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought on the 17th of May, 1884, to recover the damages sustained by the premises No. 104 West Third street, then owned by the plaintiff, for a period of six years preceding such date, resulting from the impairment of the appurtenant easements of light, air and access in said street by the construction,…
1Opinion of the CourtParker, J.
The sole question requiring consideration is ' whether the trial court erred in holding that the plaintiff -could recover in this action for the injury to the rental value of the premises, occasioned by the acts of the defendants prior to December, 1881, when she acquired title thereto. It is presented by exceptions taken to the refusal of the court, to instruct the jury that “ Plaintiff cannot recover for loss of rent accruing before she owned the premises, or while they were owned by Margaret or Caroline A. Dustan,” and to the charge as made that “ By ■ virtue of Caroline A. Dustan’s will,…
2Cases cited2 opinions
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Robinson v. . WheelerNew York Court of Appeals · 1862
3Cited by7 opinions
- Mitchell v. Village of White PlainsNew York Supreme Court · 1895
- Gucker v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Gucker v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Paret v. New York Elevated RailroadThe Superior Court of New York City · 1892
- Rinaldi v. StateNew York Court of Claims · 1956
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