Clark v. Middletown-Goshen Traction Co.

The judgment appealed from perpetually enjoins the defendant from maintaining its tracks and operating its street railway in the city of Middletown, in front of the plaintiff’s premises, until such time as the defendant shall have paid to the plaintiff the sum of $750; being the amount of permanent loss and damage to such premises sustained by reason of the location of defendant’s track and operation of its railway in front of such property. It is in the usual form of judgments in elevated railroad cases in New York and Brooklyn, where the easements of abutting owners have been injuriously affected by the structure in the street. The plaintiff is the owner of the fee of the street in front of her property, and under the authority of Craig v. Railroad Co., 39 N. Y. 404 , the occupation and use of the street by the defendant for its trolley railroad clearly entitled her to compensation. The court at special term held, upon evidence sufficient to support the finding, that the plaintiff’s property had been injured by the proximity of the rail to the curb, which prevented her premises from participating in the advantage which it would otherwise have received from the general enhancement of property values in Middletown. The learned counsel for the appellant, in their brief, assume that the trial judge, in what he said about the