Fries v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Hew York and Harlem Railroad Company and another, 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 June, 1900, upon the decision of the court rendered after a trial at the Hew York Special Term. The court awarded $4,000 fee damages and $1,500 rental damages.
1Opinion of the Court
Rumsey, J.:
This appeal is taken from a judgment by which the defendants, are restrained from interfering with the plaintiff’s easement of light,, air and access to his premises situated on the southwest corner of One Hundred and Twenty-ninth street and Park avenue, in the city of Hew York, and fixing the amount of the fee and rental damages-because of that interference. The judgment is in the usual form in actions brought for the same purpose against elevated railroad companies. In view of ■ the . rule already laid down as to the nature' arid extent of the liability of the defendants, the…
2Cases cited2 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Westbrook v. . GleasonNew York Court of Appeals · 1879
3Cited by6 opinions
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- Dunn v. DunnAppellate Division of the Supreme Court of the State of New York · 1912
- Pape v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Campbell v. New York & Harlem RailroadNew York Supreme Court · 1901
- Muhlker v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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