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Wickhiller v. Interboro Rapid Transit Co.

130 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1911-07-07 English

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p. 1134
WICKHILLER v. INTERBORO RAPID TRANSIT CO. et al.
(Supreme Court, Appellate Division, First Department.
July 7, 1911.)

Headnote

Appeal from Trial Term, New York County. Action by Conrad Wiekhiller against the Interboro Rapid Transit Company and another. From a judgment awarding injunction and damages, defendants appeal. Modified and affirmed.
J. O. Nichols, for appellants.
Banton Moore, for respondent.

On an examination of the facts of this case we are satisfied that the rental damage should be restricted to a period subsequent to the opening to the public of the subway, viz., June 10, 1905. The judgment is therefore modified, by striking out the allowance for rental damage prior to that date, and, as modified, affirmed, without costs.