29 N.Y.S. 971 | N.Y. Sup. Ct. | 1894
This action was brought to obtain an injunction against the operation of the defendants’ railroad, or the payment of damages because of the interference with easements in the street in front of the plaintiff’s premises. The premises in question are situated at the southwest corner of Hinth avenue and Fifty-Seventh street, having a frontage on the avenue of 125 feet and on the street of 100 feet. The defendants have constructed and maintained and are operating an elevated railroad on Hinth avenue. The building upon the premises in question was constructed in 1880 and 1881, and was intended for use, and is now used, as an apartment house. The building is divided into five distinct and unconnected apartments on each floor except the first and eight floors. These apartments are parallel with Hinth avenue, except one, which fronts on Hinth avenue, and runs across the rear of the other apartments. The apartment at the corner of Hinth avenue and Fifty-Seventh street, and the apartment fronting on Hinth avenue in the rear of the other apartments, are the only ones fronting on Hinth avenue. In the award made in this action damages were allowed for alleged injuries to the apartments which had no frontage on Hinth avenue as well as to the two which had such frontage, and the question presented upon this appeal is whether such an allowance can be justified. It seems to us that it cannot. The three apartments which fronted on Fifty-Seventh street had no easements of light, air, and access upon Hinth avenue. While dam