New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-01
MANHATTAN'S FIRM GRASP.
YEAR OF ELEVATED ROAD LITIGATION
TIE EFFECT OF sHREwD LEGAL ADvICE-hAflN"
A THIRD TRACK AND AVOIDING DAMAGES
on TIE EIGHTH-AvE. In

on TIE EIGHTH-AvE. LINE.
The court year In this city ends with the p ns
week and the usual three months vacation pso
NV, Monday The most important line OF litigauoh
that has occupied the attention OF the courts III wv
last year as In the preceding one has been 'N''
AUDITING property owners against the eie'"'e w
roads, But the legal situation OF the raiiroaa ,oI"
panics is now more advantageous, In many pa'uo"i'
than II was "A year ago. The net results may u.
summed up rs follows: The proposition that genera
as well MS special benefits are tn be ONSET as"s G
inflicted By the railroads has been esapSneu
rs n part OF the law governing THIS Class vi o"'o'
claims for damages a considerable poruo" VI '
routes namely, in the whole OF Eish'h-Ne' ""u -
Cohmbusa ave- above Seventiethst., have except !"
special cases been practically wiped ont aho oy W
means least OF nll. the companies nave IN 'o"'o
ou~nce been enabled to construct tlrd tracA lux
cypress trains ill the way from the Junction Oh .ie
sIxthave with the Nlnthave line to the suhuon '
Northern Railway at One-hundred and hith.s''
These advantages the companies owe largely "
tho ability skill and Of their Leading COUNSEL
Julien T. Davies and his energetic junior Charie'
4 cord,nor The odds with which they had to con-
tend nj the BEGINNING were great. Their cause was
unpopular: general sympathy was with the properly
owners: the damage TO property IN the uo"n'
streets and under most stations In Nlhth' i"u 'u
second ayes. below sixty hfh-st as wei rs III 'oi
tnn old parts OF Harlem was so manifest uao u'e
made II much more difficult for their counsel 10 secure
en- poticnt n hearing for their technical legal points
ne might otherwise have been accorded them' Eve"
ibe legal opponents OF the counsel TOT the conpne
fave not been able to withhold admiration lor Tue
clever manner In which these obstacles nave III
great measure been overcome -
Well-defncd plans and systema'izcd ehort haVe
,nor,cd all the Hno Of defence. The companies
nrs, under the policy decided upon by counsel as
ARMED the strongest criticism that mas Decn ui'ec'o'
against them By settling the claims n property o""
T., ,he ,over ports OF the city where TO d0nb could
| longer Tc71uln as to tho liability OF the compnm''
and where the only question was as to the amount
~ domacrs Where owners accepted the Propositions
| ~ the companics no trials were necessary "u'ro
mn armament could be reached. tie cases went 10
,r,o, and the judgments, except In cases presenting
| some sprcla points, were paid without appeal III
,h,, monnar tho Manhattan Railway Company closed
Nh nearly all tho claims for property In the bo"cr!'
| Allen Division. Pearl and Greenwich SIS ana
| large port of West Broadway and Churhst The
| main litigation then centred Itself on the or@'n
| avenues There were certain portions Of Second
| Third and Ninth aves below Scventlcth-st, paruc-
| ularly under stations, well as In Fifty-'hru-s''
| and slxihnve. near Central Park where inc irJ"r'
| TO property wns marked that the companies "crc
wise enough not to follow other line Of defence
than was observed In the trial OF cases do"hto""'
The same was true 0; property In old parts OF
| Harlem.
Iut in the claims for property In upper 'oiumous
or Ninth ave and in Elghth-svc. above Central PARK
| the keen witted lawyers for the defence saw inc"
opportunity The situation of real estate upon r'h
| avenues was peculiar. When the elevated was HIST
| constructed In that part OF the city 1t ran. above
seveNc,hst.. past property that wns almost enurep
| nn,mproved tho largest number o; buildings In that
section Of MINI ave. being the slanties OF sqnauers
upon the high rocks through which the streets were
cut. hut. quite irrespective OF the elevated railway
| ills fine stretch OF land between the Central fnrR
md the Hudson River was destined, by It's superior
natural situation and other causes, TO be the most
magnificent residential part OF the city OF New York
| The fine now hou.cs OF a rapidly expanding city
uke this had 70 find place for themselves and by
| themselves somewhere ard So long before the
elevated railway projected. slrcwd and prudent
| Investors had planned f)r The time when these 10"
squire mile, west Of Central Park should conpriS
the rac,t collection Of homes Of equal continuous
extent In tho world The elevated railway In all
probability Isither retarded nor acccl"rntsd TN
remarkable growth Of this part Of the city. II wae
| no, too far removed from "dovnown' TO be ihaa-
ccs.ibc by street cars and with or without me Gle
waited road. the city must necessarily have expanded
Into uliS It's best Uu9ccnp-d locality Tie creates,
efforts were made restrict ~ to the highest class
Of residences, and these efforts have been largely
| success nnl OF course II WINS out II the question
70 erect nnn private houses along the lin" OF the
| elevated railway. because no one would pay The
price ~ the buildings for property 50 situated But
| the magnificent lines OF house, IN the side street,
had their effect upon the va!ue Of Land even Ia
| Columbus. ave. and soon builders began 10 erect
expensive apartment houses along the line Of tho
railway In the expectation that the reputation o.
the neghborhood woud induce tenants who could not
| afford separate houses TO rent these apartments
| despite the nuisance OF the railway.
Whether these ventures will prove successful II Is
perhaps oven yet too early 10 determine. But with.
Whiting for tho settlement OF that question. the
astntc counsel for tho elevated railways saw here
their clients opportunity and at realized II.
Whenever came 10 trial above Scvcntieth-st
IN Enth-ave., they were prepared TO show that the
lind worth IT the tine OF trAl much more than
before tho railway was constructed and succeeded In
persuadng courts and Iurics that this increase
was due 70 the benefits accr,ing from the operation
OF the railway. Having already cstabr she'd BY de-
cisions Of tho Court OF Appeals that al benefits re-
s,iung FROM the railway To be offset against
the njutcs, the consequence that In the Cases
where II found that the Increased value OF the
property due to the road recovery was had
This appears 20 have been the outcome Of all trials
OF cases relating TO property IN Ninthave. above
seventy sccond-st. Below that point and particu
larry mt the Intersection OF the Nlnthave. and xthavc
nnes between Fifty ninth and Sxty-6rSt sts the CON
dions entirely different, both rs TO tho previous
character Of the property and the effect upon values
Of the enormous railway structure practically
ling the onure avenue nj those points. The courts
recognized tho differences between these classes OF
cases by awarding the substantial damages that
wero shown 10 have been suffered by the owners o
tIe properly at Or near tho Fifty ninth ST. sta
ton.
But tho defendants were rs successful In Eighth
ave. US In upper Sinth Here the circumstances
different and there could be question that the
great Increase IN the value Of lots was due 10 the
railway. II was entirely new and unmprovcd
part VI tho city when the railway was built. Their,
were no other causes operating to draw builders
into TINT locality. excepting tho natural growth Of
the city. hut while Harlem property In Second
ave- Is not worth much II was twenty years
ago and few improvements are made. what might
fairly be called new city has grown up around
the Eghthnvc line Of the elevated. and the worn
OF Improvement Is stll going on at marvellous
ratio Here therefore, II nowhere else IN the city
were clear Instances Of the benefits from The rail