Sterry v. New York Elevated Railroad

New York Court of Appeals

Sterry v. New York Elevated Railroad

3 Silv. Ct. App. 599, 41 N.Y. St. Rep. 119

DecidedDecember 1, 1891

StatusPublished

This text of 3 Silv. Ct. App. 599 (Sterry v. New York Elevated Railroad) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sterry v. New York Elevated Railroad, 3 Silv. Ct. App. 599, 41 N.Y. St. Rep. 119 (N.Y. 1891).

Pincite

Opinion

Per Curiam.

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

[600]*600Kernochan 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.

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