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Sterry v. New York Elevated Railroad

41 N.Y. St. Rep. 119 Court N.Y. Decision date 1891-12-01 English

Contents

Majority

p. 119
George E. Sterry, Resp’t, v. The New York Elevated Railroad Co. et al., App’lts.[1]
(Court of Appeals,
Filed December 1, 1891.)

Headnote

1. Railroads—Elevated—Damages.
One who purchases premises after the construction of an elevated railroad is entitled to damages to the fee on account of the maintenance and operation of the railroad.
2. Same—Landlord and tenant.
The landlord is entitled to rental damages to premises in the possession of his tenants under a lease made after the construction of the railroad.
Appeal from judgment of the New York common pleas, general term, affirming judgment for plaintiff entered on referee’s report.
Julien T. Davies and J. C. Thomson, for app’lts; John A. Weekes, Jr., and Henry A. Forster, for resp’t.

The plaintiff purchased the premises in question in 1886, several years after the construction of the railroad, and hence the defendants claim that he is not entitled to any fee damage on account of the maintenance and operation of the railroad. Our decision in Pappenheim v. Metropolitan El. R. Co., 128 N. Y., 436 ; 40 St. Rep., 445 , is an answer to this claim.

The defendants further claim that the plaintiff was not entitled to any rental damage, because the premises were in the possession of his tenants. To this claim our decision in Kernochan v. N. Y. El. R. R. Co., 128 N. Y., 559 ; 41 St. Rep., 110 , is an answer.

The judgment should be affirmed, with costs.

All concur, except Earl, J., not voting.