In re Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by A. M. Stein and others, property owners, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of June, 1903, confirming the.report of commissioners of appraisal' appointed to ascertain and appraise the compensation to be made to such property owners for certain easements or interests in their real estate taken by The Brooklyn Union Elevated Railroad Company.
1Opinion of the Court
Hirschberg, P. J.:
The appellants’ property is No. 158 Myrtle avenue in the borough of Brooklyn, the lot being twenty-two feet by one hundred, with a three-story frame building and extension, used chiefly for store and wareroom purposes. The easements and interests in the property sought to be condemned in this proceeding have been possessed and occupied by the owners of the elevated railroad a number of years. The evidence presented by the appellants tends clearly to establish that the fee and rental value of the property have been substantially diminished since the building of the elevated…
2Cases cited4 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- In re Brooklyn Elevated RailroadNew York Supreme Court · 1889
- Powers v. Brooklyn Elevated RailroadNew York Court of Appeals · 1898
3Cited by4 opinions
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904