Buek v. Metropolitan Elevated Railway
New York Supreme Court
Appeal from special term, Hew York county. Action by Charles Buek against the ¿Metropolitan Elevated Bail-way Company, the Hew York Elevated Bailroad Company, and the Manhattan Bailway Company.
Read the full summary
Appeal from special term, Hew York county. Action by Charles Buek against the ¿Metropolitan Elevated Bail-way Company, the Hew York Elevated Bailroad Company, and the Manhattan Bailway Company. From a judgment in favor, of plaintiff, enjoining the defendants from the further maintenance and operation of "their elevated railroad in front, of. plaintiff’s premises, unless within 90 days they cause the easement appurtenant thereto "and taken by their railroad to be acquired by condemnation proceedings, or else pay to the plaintiff the sum .of $7,500 for the conveyance thereof, defendants appeal.
1Opinion of the CourtParker, J.
In Bohm v. Railway Co., 129 N. Y. 576, 29 N. E. Rep. 802, the court, having under consideration a judgment awarding damages to an abutting owner because of the defendants’ interference with his beneficial enjoyment of certain easements belonging thereto, held that the damages and the compensation to be paid in such case are measured by the balance of injury over benefits; and in ascertaining them the advantages and the disadvantages are to be considered, and the benefits, whether general or special, from the construction and operation of the railroad, which tend to counterbalance the…
2Cases cited4 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
- Gray v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Livingston v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893