Tallman v. Metropolitan Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the City and County of ¡New York, entered upon an order made June 4, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are stated in the opinion. There can be no recovery for remote or speculative damages, no matter though they are directly traceable to the original injury.
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Appeal from judgment of the General Term of the Court of Common Pleas for the City and County of ¡New York, entered upon an order made June 4, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts are stated in the opinion. There can be no recovery for remote or speculative damages, no matter though they are directly traceable to the original injury. (Griffin v. Colver, 16 N. Y. 489; Ehrgott v. Mayor, etc., 96 id. 264; 1 Sedg. on Dam. 38, 99, 144; Mayne on Dam. § 52; L. E. [10…
1Opinion of the CourtEarl, J.
The plaintiff was the owner of four adjoining lots on the westerly side of West Fifty-third street in the city of Hew York. He became the owner of three of them in 1866, and of the other in 1868, and he continued to own them until after the commencement of this action in February, 1884. The elevated railway of the defendants was constructed through Fifty-third street in front of these lots in 1818, and was thereafter maintained and operated. The plaintiff used a part of his lots for a carpenter shop and the remainder as a lumber yard. This action was commenced to recover damages occasioned to…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Colrick v. . SwinburneNew York Court of Appeals · 1887
3Cited by3 opinions
- Hine v. New York Elevated RailroadNew York Supreme Court · 1891
- Stevens v. StateNew York Court of Claims · 1909
- Sound Marine & Machine Corp. v. Westchester CountyDistrict Court, S.D. New York · 1942