Hadden v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by Charles E. Hadden and others against the Metropolitan Elevated Railway Company and the Manhattan Railroad Company to recover damages caused by the construction and operation of defendants’ elevated railroad in the street in front of plaintiffs’ premises, known as “No. 102 South Fifth Avenue,” and for an injunction.
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Appeal from judgment on report of referee. Action by Charles E. Hadden and others against the Metropolitan Elevated Railway Company and the Manhattan Railroad Company to recover damages caused by the construction and operation of defendants’ elevated railroad in the street in front of plaintiffs’ premises, known as “No. 102 South Fifth Avenue,” and for an injunction. A judgment was rendered enjoining the operation of the elevated railroad unless defendants pay plaintiffs $5,000, as fee damages, no award for past damages having been made, and defendants appeal. •
1Opinion of the CourtO’Brien, J.
The judgment awards the plaintiffs an injunction unless the defendants shall pay $5,000 fee damage for the conveyance and release of such portion of the easements as is taken by the railroad. The referee finds no past or rental damages.
In Sutro v. Railway Co., 137 N. Y. 594, 33 N. E. 334, it was said:
“A very clear case should be presented, we think, on the part of the owner of improved property, to justify an award of fee damages when an award of past damages is denied. Thd court ought not, we think, to assume that the present condition is not to continue, or to award fee damages on the…
2Cases cited7 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
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
- Clinical Instruction Co. v. New York El. R.New York Supreme Court · 1894
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894