105 A.D. 111 | N.Y. App. Div. | 1905
This is an appeal from an order confirming the report of commissioners awarding nominal damages to the appellant in condemnation proceedings. So fat as the easements of light, air and access are concerned, the matter was fully litigated before the commissioners in respect to the relative injury and benefit to the appellant’s property from the use of the street by the plaintiff. The appellant’s property is located at the corner of Broadway and Grates avenue; the buildings thereon, used for stores and flats, were erected subsequent to the construction of the elevated railway, which was in operation in 1885, at which time that particular section of the city was sparsely built up. The construction of the elevated railway was fol
However, a reversal of the order is required because of an error of the commissioners in rejecting evidence and thereby eliminating an element of damage which it was their duty to consider. The appellant sought to show that the use of vaults constructed by him
For this reason the order confirming the report of the commis
Hirsohberg, P. J., Bartlett, Woodward and Jenks, JJ., concurred.
Final order reversed, with ten dollars costs and disbursements, and proceedings remitted for retrial before new commissioners to be appointed at Special Term.