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Lindheim v. New York Elevated Railroad

54 N.Y. St. Rep. 788 Court N.Y.C.P. Decision date 1893-10-02 English

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p. 788
John L. Lindheim, Resp’t, v. The New York Elevated Railroad Co. et al., App'lts.
(New York Common Pleas, General Term,
Filed October 2, 1893.)

Headnote

Appeal by defendants from a judgment for plaintiff, which was entered on the report of a referee.
Action to restrain the maintenance and operation of defendants’
p. 789
elevated railroad in the street in front of plaintiff’s premises, and to recover for past damage to the rental value thereof.
J. Aspinwall Hodge, Jr., for resp’t; R. L. Maynard, for app’lts.

Neither the amount of past damages awarded nor the sum fixed by the referee as compensation for damage to the fee, upon payment of which the injunction directed to issue is to become inoperative, appears to be excessive. The evidence is identical with that in the Struthers case, and affects the next adjoining premises. The grounds urged for reversal on this appeal do not differ from those already considered and held by us to be invalid. Struthers v. N. 7. Elevated R. R. Co. et al, opinion handed down herewith.

Judgment affirmed, with costs.

Bookstaver, Bischoff and Pryor, JJ., concur.