Towle v. Manhattan Railway Co.

Appellate Division of the Supreme Court of New York

Towle v. Manhattan Railway Co.

52 A.D. 626, 65 N.Y.S. 1148

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

DecidedJune 15, 1900

StatusPublished

This text of 52 A.D. 626 (Towle v. Manhattan Railway Co.) 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

Towle v. Manhattan Railway Co., 52 A.D. 626, 65 N.Y.S. 1148 (N.Y. Ct. App. 1900).

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Opinion

Per Curiam:

We see no reason for interfering with the - award made for fee damage;: but it seems to us that rental damage has been awarded beyond that which the proof justified. The buildings upon the premises in question were of very poor character and contained none of the modern improvements; and the evidence-shows that in the rentals of similar premises in the vicinity, unaffected by the elevated railroad, there had been little or no increase. The advent, of buildings containing all the modern improvements had made premises such as those under consideration very undesirable, Wé think, therefore, that the damage to-rental value should be reduced to $100 per year, and the judgment in that respect. should be modified so as to reduce the judgment as entered to the sum of $1,032.28, and. as so reduced the judgment should be affirmed, without costs to either party on this? appeal. Present—Van Brunt, P. J., Rumsey, Ingraham and Hatch, JJ.

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Per Curiam:

We see no reason for interfering with the - award made for fee damage;: but it seems to us that rental damage has been awarded beyond that which the proof justified. The buildings upon the premises in question were of very poor character and contained none of the modern improvements; and the evidence-shows that in the rentals of similar premises in the vicinity, unaffected by the elevated railroad, there had been little or no increase. The advent, of buildings containing all the modern improvements had made premises such as those under consideration very undesirable, Wé think, therefore, that the damage to-rental value should be reduced to $100 per year, and the judgment in that respect. should be modified so as to reduce the judgment as entered to the sum of $1,032.28, and. as so reduced the judgment should be affirmed, without costs to either party on this? appeal. Present—Van Brunt, P. J., Rumsey, Ingraham and Hatch, JJ.

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Bluebook (online)

52 A.D. 626, 65 N.Y.S. 1148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/towle-v-manhattan-railway-co-nyappdiv-1900.