Fox v. New York El. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Richard K. Fox against the New York Elevated Railroad Company and another. From a judgment dismissing his complaint, plaintiff appeals.
1Per curiam
We think this judgment should be affirmed. The trial court found, and the evidence sustains the finding, that the plaintiff failed upon the trial to establish that the construction or operation of the defendants’ road had diminished, over and above the benefits conferred, either the fee or rental value of the premises referred to, or that the plaintiff had sustained, over and above the benefits received, any damage by reason of such construction or operation. Whether the plaintiff had been damaged by the defendants’ interference with or appropriation of the easements of light, air, and access…
2Cases cited3 opinions
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Cook v. New York Elevated RailroadNew York Court of Appeals · 1894
- Foster v. . BookwalterNew York Court of Appeals · 1897
3Cited by1 opinion
- Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903