Bookman v. New York Elevated Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 10, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. This action was brought to restrain the operation and maintenance by defendants of their elevated railroad in front of plaintiff’s premises, in Third avenue, New York city, and for the recovery of damages caused thereby.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 10, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. This action was brought to restrain the operation and maintenance by defendants of their elevated railroad in front of plaintiff’s premises, in Third avenue, New York city, and for the recovery of damages caused thereby. The plaintiff’s properties in suit were, at the time of the trial, Hos. 261, 1028, 1240, 1242, 1244, 1246, 1248 and 1255 Third avenue.…
1Opinion of the CourtFinch, J.
It is impossible to decide this appeal correctly without a full and definite appreciation of the difference between the case of Bohm (129 N. Y. 576) and that of Becker (131 N. Y. 509). Both belonged to the class of actions in which the abutting property was shown to have seriously increased in value since the construction of the elevated road, so that, presumably and apparently, benefit instead of damage had resulted ; and in each it was, therefore, necessary to show as ground of recovery two things; first, that when the road Avas built the locality was increasing in value from the tendency…
2Cases cited3 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Becker v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Storck v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
3Cited by9 opinions
- Wormser v. . BrownNew York Court of Appeals · 1896
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
- Israel v. . Manhattan Railway Co.New York Court of Appeals · 1899
- Pauly v. StateNew York Court of Claims · 1958
- In re MaguireAppellate Division of the Supreme Court of the State of New York · 1975
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