Johnson v. New York El. R.
New York Court of Common Pleas
Appeal from equity term. Action By Anna A. Johnson against the New York Elevated Railroad Company and another to enjoin the operation of defendants’ elevated railroad in the street in front of plaintiff’s premises known as “633 and 635 Third Avenue,” and for damages alleged to have accrued from loss of rents due to the presence of the railroad. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
The judgment is assailed for alleged insufficiency of the evidence to show pecuniary damage to either the fee or rental value 'of the plaintiff’s premises, and for alleged erroneous rulings on the trial. The premises affected by the action were owned by the plaintiff since May 1, 1888, and consist of the two four-story buildings known as “633 and 635 Third Avenue,” with the plot of ground upon which they are erected, the plot being 49 feet 6 inches in width, 64 feet 4 inches in depth, and situated on the southeast corner of Third avenue and Forty-First street, in the ‘city of New York, with…
2Cases cited5 opinions
- Sperb v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Cook v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Peyser v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1885
- Myers v. Metropolitan El. Ry. Co.New York Court of Common Pleas · 1892
- Baker v. CoddingNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Chapman v. Board of EducationNew York Supreme Court · 1928