Lawrence v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of ISTew York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of ISTew York, entered upon an order made January 5, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to recover' damages caused by the construction and maintenance of defendants’ railroad in front of plaintiffs premises in Amity street, in ISTew York city, and for an injunction restraining the further use of said railroad or to recover the value of the easements taken. The facts are sufficiently stated in the…
1Opinion of the CourtAndrews, J.
The judgment awarded to the plaintiff damages in the sum of $2,150 for loss in the diminution of rents of premises in Amity street in the city of Eew York, owned by the plaintiff, between April 26, 1882, and the time of the trial, occasioned by the construction of the elevated railway in the street, and also an injunction against the further maintenance of the structure unless the defendant should pay to' the plaintiff the sum of $4,000, which was 'found to be the permanent depreciation in the value of the plaintiff’s property by reason of the maintenance and operation of the defendants’…
2Cases cited2 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867
3Cited by11 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Goben v. BarrySupreme Court of Kansas · 1984
- Popwell v. Shelby CountySupreme Court of Alabama · 1960
- Miller & Lux v. Enterprise Canal & Land Co.California Supreme Court · 1904
- Casini v. LuponeNew Jersey Superior Court Appellate Division · 1950
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