Roosevelt Hospital v. New York Elevated Railroad
New York Supreme Court
Appeal from special term, New York county. ■ Action by the Roosevelt Hospital against the New York Elevated Railroad Company and the Manhattan Railway Company to restrain defendants from operating an elevated railroad in front of plaintiff’s premises, 36 Bowery, in New York city, until the damages ‘to the premises have been paid. From the judgment granting the injunction, defendants appeal. Affirmed.
1Opinion of the CourtO’Brien, J.
This, like many similar actions, was brought to restrain the maintenance and operation of defendants’ railroad in front of plaintiff’s premises, and for damages. But three questions are brought to our attention upon this appeal. The first is the claim that it was error to admit estimates in percentages of the comparative increase in fee value of property in the Bowery and other streets. The basis of the objection is that this method of comparison by percentages is wrong. • We *206fail, however, where the question as to the values of adjoining property was limited to streets contiguous and…
2Cases cited3 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Sperb v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Kiep v. Metropolitan Elevated Railway Co.New York Supreme Court · 1892
3Cited by4 opinions
- Parker v. Smith Lumber Co.Oregon Supreme Court · 1914
- State v. EspositoSupreme Court of Rhode Island · 1947
- Nies v. BroadheadNew York Supreme Court · 1894
- Roosevelt Hospital v. New York Elevated RailroadNew York Supreme Court · 1892