New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-05
FOR THE ELEVATED ROADS.
THE COURT OF APPEALS DECIDES IN THEIR
FAVOR
IMPROVEMENT IN THE VALUE OF PROPERTY
DUE TO THE ROADS MUST BE DEDUCTED
FROM DAMAGEs-EFFECTs OF
THE DEcIsIO.


THE DECISION
Special dispatches from Albany received in this
city Yesterday announced the reversal by the
Court of Appeals OF the decisions Of the lower
courts that the Manhattan Railway Company was
responsible for damages and not for improve
ments The case is that of lessee OF property
at Rector and Greenwich SITS, who claimed that
the building of the elevated railroad deprived
him of both light and air. He sued for damages
under his lease, and in the lower court recovered
something over $4,000 He had leased the
premises in April, 1877. for fifteen years at 500
q wear The Newman case, as IL is called. has
been carried to the highest court in the State.
which has decided in favor Of the elevated rail
roads Similar decisions by subordinate courts
have been given about property damages in Brook
lyn. The theory on the part Of the elevated
railroads has been that if damages had been suf-
fered improvements ought TO ne deducted. The
general law of condemnation says that no allow
ance for betterments shall be made, but the
elevated railroads insisted that this provision
applied only TO cases in which the railroads
acquired title to the property. Where title did
pass or where il was a case Of easement rather
than fee the elevated railroads claimed that the
advantages should be reckoned. The Court OF
Appeals has sustained this position.
Vice President Galloway. of the Manhattan
Railway, said: I'VE have been sure OF
our position, but every time we have been
checked by some decision We carried the case
10 the Court of Appeals and we are not surprised
that the decision is in favor. | shall not re,
ceve the full opinion for several days, but II
were obliged TO put the decision into plain lam
guage / should say that hereafter 10 damages
would DO paid unless they bad been suffered
Mr.. Galloway said that the decision would 70
of little value to the company below Fifty ninth
st. because the damages 10 the bulk OF the prop
erty on this part of the line had been settled lie
suggested with great satisfaction that there could
now be no claim for property damage above Fifty
ninth-st, where values had been improved two or
three fold by the building OF the elevated rail-
roads
Az the Office OF Davies e. Rapallo, counsel fox
the company. it was said " This is the first time
the question has been before the Court of Ap-
pcas. and the decision establishes precefept OF
The utmost importance Nearly all the claims In
Amify and Fifiy-third SITS have been settled, and
on the East Side in streets where there could no
any damage On the avenues and above flfty
ninth-st, where property has been improved In
value, the company is protected by THIS decision
from further claims.
friend Of the company, WHO was not restrained
by his legal or official position, said that the SET
Element OF the question of land damages was
worth millions TO the Manhattan Railway.
w Bourke Cochran said that where the rental
value of property had been largely increased oy
the operation Of the road. this benefit ought 70
he considered an Offset 10 the damages allegeh,
and that the compensation which under the
constitution owners Of property were entlten 70
meant the amount Of injury less the amount OF
benefit arising.