Becker v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of April, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court after trial at an equity term.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made the first Monday of April, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court after trial at an equity term. This was an action to recover damages for injuries to property abutting on a street in the city of Hew York, alleged to have been caused by the building and maintenance of an elevated railroad through the same by defendant. The court found that plaintiff had sustained damages in the past, and that the value of his fee had been…
1Opinion of the CourtPeckham, J.
There seems to be evidence in this case from which the court could draw the inference of damages which it did. It is not strong and is somewhat vague and unsatisfactory, yet we cannot say the finding as to damage is wholly unsupported by evidence, which we must do in order to reverse the judgment.
We did not hold in the Bohm case that evidence as to the greater proportional increase in the value of lots in the side streets or in avenues parallel with the one which had the elevated road in it, but which were themselves without such a structure, could not be used in the course of an attempt to…
2Cited by10 opinions
- Bookman v. New York Elevated RailroadNew York Court of Appeals · 1895
- Israel v. . Manhattan Railway Co.New York Court of Appeals · 1899
- Skelly v. New York Elevated RailroadNew York Court of Common Pleas · 1894
- Struthers v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Hoffman v. Manhattan Elevated RailwayNew York Court of Common Pleas · 1892
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