New-York tribune., 1890-07-13

station. the defendant company may also prove the
increased value of the property resulting from the
proximity Of the station, and have the amount Of
such benefit allowed offset to the amount OF
damages.
The satisfactory condition of the affairs of the com
panes largely due TO the acumcn of the counsel in
the management of the land damage litigation i, thu,
outlined by one Of those most familiar with tn
finances Of these great corporations There is no
danger that the Manhattan Company will be over
whclmed by the land damage judgments under the
present system however difficult it might havs ben
10 handle them if they had been tumblcd upon Il. an
at once. But fcur, little. At the rates which the
decisions already rendered indicate and large a. some
Of the judgments in certain localities the entire
amount of these land damages for all the streets and
avenues including Pearl 81. and the B0wery, can De
paid OIL for something between SlO.OOJ,OOO and
Sl5OOOOOO With these disposed of or provided
for and no longer lien upon the roads. the entire
Manhattan elevated system in the city will be worth
over 800 OOO 900, and will pay good income
npon that sum- by delaying trials and 10y protract Il
appeals the lawyers enable the 0hccr, u distribute,
the time of the payment Of the awards in the man
ner most convenient for the company and most ad
vantagcOus 10 its interests.
Among the counsel for the property owners along
the lines of the elevated railroad have been
John E. Parsons Burr zabrishie ~ BurrlI.
DeIafied Ludlow. Hutclns a Plat. Peck
ham 4 Tyler Plat a Bowers Sackctt q Ben
nett ex-Judge DOnohue. John A. Wockcs. ir
George W. Van Nest and ex-Recorder smith. The
largest Judgment in any single case that has not been
reversed was recovered by Peckham Il Tyler, a.
counsel for the American Bank Note Company. For
ALI damages 10 their great building taxing up the
entire block at Rector and Greenwich ss.. Judge
Truax awarded $4,000. The largest number of
judgments probably has been obtained by sackett a
counsel for I'm Greenwich
ST. and the uptown avenues. They the pioneers
I'm the trial Of Harlem and have recovered iudg
ments in large number of cases In second ave. above
One-hundredth-st. They also obtained from Chief
Justice Larrcnore I'm the Wcstervet case in Gp-sn-
wich-st the first absolute injunction against the rail
road growing out of the Mclean decision. Plat a
Bowers have recently secured similar iuiunotion-
from Judge Ingraham in the Rhineandcr cases. and
that Judge has refused 10 grant any stay appeal.
What the effect of that order will be. in the com
paneS do not at once settle with the owners, II viii
be interesting TO see
The attorneys for the companies have saved them
sc-ves and their clients from much of the criticism
of the courts for blocking the calendars and DELAYING
the speedy disposition Of these cases by entering into
stipuauons with many of tho plaintiffs to have the
cases sent to referees, board Of three usually tain-
testimony in each SUIT The policy Of the rail
road lawyers a. already outlined. involves the taking
of appeal, i'm almost all cases, which may mean, Wh'l'
the appeal, are continued 10 the Court Of Appeals.
delays Of two three years. But a, The JUDI
are carrying interest at the rate Of per cent the
most Of the properyowners disposed To regard tn
judgments as a better form Of investment than any
other they could make of the proceeds if paid and
philosophically await the final payment.
Another railroad decision and one that involve
the liability for damages oi almost every steam surface
road in the state is that of Fobc against The Rome
Watertown and oedensbure Company, in which VIII
lam b. Horntower. of HoHblowcr a Byrnc, was coUn
sci for the respondent The result Of the story cas-,
some years ago, in which tie Appellate bench rile-
tnat the elevated railroad structure was practically a
nuisance for which damages coaG De recovered by the
owners Of adjoining property. opened the way J."
thousands OF suits. not only against the clcNdlod ran
FACE Of the street. IN dllclcGt part OF the state
During the last month the court OF Appeals Ia
decided in the Fors case tl"t an 9iul"",i 500, %
railroad running through street. ana %" ''o S'''
grade with II, do not dppT"irA'" il 10 -. ..,,
therefore, damages cannot Oc Ie'oVered A''" '' Ia"
road - - ..l,....,
Company, when assures the carly substitution "1 ID
cable Tor horses on IT. line ended "a "N- '"''S'
in way DO less satisfactory 10 hc l"tN' 'a""
the construction Of the la'suare OF the charter @.
the company, ty which 1t se'uea u'J & ri-ti t ,',J
Ioady, Lautefbach d Johnson tnG tU'I>cI i ~ ~, ~
terminus, operating an underground oAhlc. Wa Dol
.te,rn on The road General NcVtOu ui"h com
missioner Of Public Works, reused lh' "c' ''''f ~
mlts TO open the streets. Inc caSc wa all ta.,.IN
With varying fortunes up 70 the Court oi APP@,-'
whore il was decided against the railroad. j. ''
middle Of the fight the Legislature ~ 10 p",t'' 1871
act empowering the Railroad tomui~,l2ncr, T." i"r
NIT ann surface street railroad in the STAT" TO r'
the desired change. commissioner 'iiyN fu'''' ,'
tbo constutonaity Of This law. and the round oi
the courts was made again. Tie opposition "i t'
commissioner OF Public Works finally "NcTc"in"
by a writ OF mandamus. compelling the permit vuoh
the Court Of Appeals decided lat month -houd b"
granted. .. an, %
In the suit Of the city against the Third avenue Ran
road Company to collect license fec for ~ car jh'
company was not fortunate. y long az" h- I-'-
the Common Council fixed these fees for 'l'- c.'
ly two horses at $50, the rate for stages having h~h
made In 40 only 500. The company '- char r.
crantnd in 1859, provided that 1t should pay at uc
same rate Is other transportation coupahi'r ih'u ih
existence. Up D. the present year, no" N"r. i" 'f
he'd not received cent from the company. r." -.it
which was decided last November in th" C"1'' ".
ApDcas was Instituted ln loo. Arrcar-c- ba~h ~
80 were declared outaWcd but the city recovered
iiccnso fees the RAJ" charged for ,tar' from t'
date when the ,ult was begun. The amount Wa
.b,