Saxton v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon ah order made June 29, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action by an abutting owner of property on Third avenue in the city of Yew York, to restrain the operation and maintenance, by defendants, of their road in front of said premises, and for damages.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon ah order made June 29, 1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action by an abutting owner of property on Third avenue in the city of Yew York, to restrain the operation and maintenance, by defendants, of their road in front of said premises, and for damages. The facts, so far as pertinent to the question discussed, are stated in the opinion. The judgment was rendered upon the theory that all benefits were to be excluded…
1Per curiam
It is impossible to distinguish in many material matters the errors appearing in this case and in the case of Bookman against the same defendants, decided by this court and reported in 137 N. Y. 302. We have looked at the original record on file in the clerk’s office in that case. The court there found the fact of injuries resulting to plaintiff’s property by reason of the building and maintenance of the road and over and above any benefit resulting from it and peculiar to the premises.
The court had been requested by the defendants’ counsel in that case to find that the benefits resulting…
2Cases cited1 opinion
- Sixth Avenue Railroad v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
3Cited by1 opinion
- Mantorville Railway & Transfer Co. v. Teunis SlingerlandSupreme Court of Minnesota · 1907