Hyperlawhypertext legal database Niewenhous v. Manhattan Railway Co. & New York Elevated Railroad 112 A.D. 895

← Cases

Niewenhous v. Manhattan Railway Co. & New York Elevated Railroad

112 A.D. 895 Court N.Y. App. Div. English

Contents

Majority

p. 895
Siebrand Niewenhous, Appellant, v. The Manhattan Railway Company and The New York Elevated Railroad Company, Respondents.

Headnote

Appeal by the plaintiff from a judgment of tue Supreme Court, entered in the clerk’s office of the county of New York on the 29th day of June, 1905, dismissing plaintiff’s complaint upon the merits.

The plaintiff’s proofs failed to establish that he h id suffered any diminution in rental value, but we think they did show that he was entitled to some fee damage. A dismissal of his complaint was, therefore, error. The judgment must be reversed and a new trial granted, with costs to the appellant to abide the event. Present — O'Brien, P. J., Patterson, McLaughlin, Laughlin and Houghton, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event. Order filed.