Jones v. New York El. R.
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Augusta L. Jones against the New York Elevated Railroad Company and the Manhattan Railway Company to restrain defendants from maintaining their elevated railway in front of plaintiff’s premises, and for past damages.
1Opinion of the CourtBischoff, J.
Two grounds only are assigned for reversal of judgment, viz., that the referee erred in his conclusion that the diminution of light and air caused by passing trains on defendants’ elevated railroad structure in front of plaintiff’s premises constituted a taking of the easements of light and air appurtenant thereto, and that, in determining the sum representing the depreciation of the premises in fee value and to be paid as an alternative for avoiding the injunction, the referee erroneously included the effect upon the premises, as regards the diminution of light and air, resulting from the…
2Cases cited1 opinion
- Smith v. New York El. R.New York Court of Common Pleas · 1892