New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-18
VIEWS OF S. H. KNEELAND.

-.
the Metropolitan Elevated Railway Com
pany, was found by TRIBUNE reporter
last evening at the Windsor Hotel. MIR.
Kpeeland had received only iunofiicial advices
regarding the decision of the Court of Appeals, but
in their tenor they agreed with what had been
learned by the officers OF the elevated railroads
Mr. Kneeand said that until he had seen the text OF
the opinion he preferred not 10 discuss at length
the questions suggested by It,
"Tbe Story case the most vulnerable one OF It's
kind now being ltigated.n he said. The property
there involved is beld under different conditions
from most of tho property in the city. 1t lies in
what may be called the old Dutch section OF the
city, The Metropolitan road is not built in any
mart of that quarter Our road was built under
tho Rapid Transit Commission. and Its routes were
all assented to by the Board of Aldermen. The
enterprise was declared to be pubic dement, ana
everyone knows that II is So"
"The New-YOrk claims TO have contrach by
which the city will be responsible for all allowed
damages suggested TIE reporter
"Oh, yes" replied Mr.. Kneeland sarcastcally,
suppose they say that. EVerylhIn TO DC paid
will fail upon the poor Metropolitan. suppose
that that company is standing upon provision IN
its old Gfeenwlch-st charter, arranging iof IRAN
chsc tax its net income. am not enough OF a
lawyer 10 say whether or not the claim VIII mold
good in any suits for damages against the New
York Company. i trust that 1t Will hold good.
But as regards the Metropolitan / VIII say that
while We have no such defence TO otter, our coIE-
pany 10 perfectly able to take care Of ltsef, dam
ages or not. The road unQuestlonably great
Sdantage to the public. III III Is TO DC Responsible
Tor damages TO property-own ers 1t ought TO be
entitled consideration for the benefit 1T has con-
ferrod on property. no growth of the elevated
reads is a sufficient evidence of their Importance to
tile public Why. the Increased Valuation OF prop
erty the upper wards OF t1e city On iaSt year Is
over 81. 100000. This is directly due TO the ele-
waited railroad system. There can be no DOUBT that
Sxth-ave. property has been greatly Improved
by the building Oh the Ms1fopollti NO oHg atohg
possible ground of complaint that can be found Is
in respect 10 Ffty-thirdst. If had contLo OF our
property would take down that branch at once
and obtain the consent OF property owners and
the city 20 build 10 Broadway or along Central
Park at Fifty -ninth-st In Flfty-third-st. the
ROAD may WORK some damage but ii cannot possibly
do 50 any where Else. Whatever may be tie out
come OF the decision OF the Court of this am sure
that the increased value of the charter OF the
Metropolitan Company in one year, II capitalized,
would than pay all damages that might be
obtained by property owners You may put that as
emphatiCtlly u yOu please"
Is not considerable litigation against the roads
likely TO grow out of This decisions =
do think So" replied Mr.. kneeland. " If
there property Owners who think that they
have been injured more than benefited by the
roads. they will probably unite on one test suit,
which will ultimately decide The question"
READY TO MEET SUITS FOR DAMAGES.
1t was learned yesterday that the Elevated Rail
way companies for long time have been preparing
testimony to be used in the trial of the many actions
for damages to real properly which have been
begun, and which expected to follow such
decision as that pronounced yesterday.
An agent whose connection with the companies
Is not known to the public has been gong over the
ground traversed by the railroads and ascertanng
the views of property-owners with regard to the
value of the elevated system, its influence
Oh their business. the damages they have
suffered or benefits derived from it, and the
value at which they hold their property. The
agent has pursued different methods in securing this
information At times he has openly announced
himself an attache of the roads, but this has been
chiefly in the districts where the roads have been
unquesiOned good OiteDer he has inquired the value
of property, as if with view to purchase.
and thus has secured estimates of value with which
some OF the property Owners, who considered them
selves damaged, may be confronted some day IN
court. 1890. 49,.
Naturally he has devoted most of his work to Fiji
tv-thiTd-st between Sixth and Ninth ayes; West
Third between south Fifth and Sixth aves., and
Pearl and Front-sts He has kept an eye on the
real estate sales in the lower portion Of the city, and
in all probability an argument will some day pc be
property at Nos. 1; 10 and 20 Front
and of the old Parker Mills III Pear-st, opposite
Old Slip by the Bridge alter Nail Company Tor
E44 OO0-a sum which IT is claimed Is as large as
the property commanded III the palny Gays OF COM
mercial activity III that locality The eX-
annie of the Cotton Exchange in buying
grond for its new building and locating 1t so as TO
bring il within fifty feet 0i the elevated road on
one side and seyenty-hyc feet on the other Is also
beside multitude of opinions, all carefully noted
aud classified on the amOnnt OF damage done 10
dwelligg and business property by the noise OF the
cars the intermittent shadows cast by them III
passing and the obstruction ana uDsigu'hoeSS Vi
the overhanging superstructure.
TEXT OF THE DECISION IN FULL.
10 ..wn1