Livingston v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior Court of the city of Eew York, entered upon orders made at the February Term, 1892, which affirmed judgments in favor of plaintiffs entered upon reports of a referee. These actions were brought by abutting owners of lots on West Broadway in the city of Yew York, to restrain the operation and maintenance by defendants of their road in said street and for damages. The facts, so far as material, are stated in the opinion.
1Per curiam
The referee in these cases was requested to find that the easements, if any, appurtenant to said lots of land and taken for the said railway uses, aside from any damage to said land from the taking, have in themselves only a nominal value. This finding he refused to make. He was also requested to find as one of his conclusions of law, that in estimating and fixing the sum which the defendants may pay to obviate the injunction herein, the special benefits resulting from the defendants’ railroad to the premises in suit should be offset against any consequential damages resulting to said lot and…
2Cases cited1 opinion
- Sperb v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
3Cited by4 opinions
- Koehler v. . HughesNew York Court of Appeals · 1896
- Stegmeier v. StateNew York Court of Claims · 1922
- Buek v. Metropolitan Elevated RailwayNew York Supreme Court · 1893
- Clay v. StateWyoming Supreme Court · 1906