Legal Opinion

Sauer v. Mayor of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 8 opinions

Appeal by tbe defendant, The Mayor, Aldermen and Commonalty of the City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff,- entered in the office of the clerk of .the county of Hew York on the 27th day of ’October, 1898, upon the verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the 19th day of October, 1898, denying the •defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J. :

The city of Hew York, in 1890, commenced to construct, and in 1893 completed, a viaduct extending from St. Hicholas avenue through One Hundred and Fifty-fifth street to a bridge over the *306Harlem river. The plaintiff owned certain property situated on One Hundred and Fifty-fifth street in front of which the viaduct passes, and this action was bought to recover the sum of $90,000-damages alleged to have been sustained by him, upon the ground that the construction and operation of the viaduct diminished the-easements of light, air and access appurtenant to and connected with his…

2Cases cited6 opinions

  1. Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
  2. Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
  3. Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
  4. In re GilroyAppellate Division of the Supreme Court of the State of New York · 1898
  5. Newton v. ArmstrongNew York Supreme Court · 1892

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3Cited by8 opinions

  1. Liddick v. City of Council BluffsSupreme Court of Iowa · 1942
  2. Brainerd v. StateNew York Court of Claims · 1911
  3. People Ex Rel. Crane v. . OrmondNew York Court of Appeals · 1917
  4. Accomac Realty Co. v. City of St. LouisSupreme Court of Missouri · 1941
  5. People ex rel. Crane v. OrmondAppellate Division of the Supreme Court of the State of New York · 1917

3 more not listed; retrieve them via the Exa API.

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