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

Appellate Division of the Supreme Court of New York

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

112 A.D. 895, 98 N.Y.S. 501

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1906

StatusPublished

This text of 112 A.D. 895 (Niewenhous v. Manhattan Railway Co. & New York Elevated Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Niewenhous v. Manhattan Railway Co. & New York Elevated Railroad, 112 A.D. 895, 98 N.Y.S. 501 (N.Y. Ct. App. 1906).

Pincite

Opinion

Per Curiam:

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.

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Per Curiam:

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.

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Bluebook (online)

112 A.D. 895, 98 N.Y.S. 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niewenhous-v-manhattan-railway-co-new-york-elevated-railroad-nyappdiv-1906.