New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-30
ELEVATED RAILROAD CASES.
DECISIONS ON APPEAL ADVERSE TO PROP
ERTY OWNERS
THE JUDGMENTS or THE LOWER COURTS RE-
vERsED IN THE SUITS OF PERSONS HOLDING
REAL ESTATE IN THIRD-AvE. AND
CLAIMING DAMAGES FROM THE
RAILwAY-NUMERoUs OTHER

NEUTRALITY-SUSPICIOUS. OTHER
DECISIONS.
Albany. Oct. g-The Court Of Appeals to-day
reversed the Judgment OF the lower courts ana
ordered rev trials in tho cases OF James F. Nal
COIN against the New York Elevated railroad
Company and another appellants. and Jacob BOOK
man against the same, appellants. The plaintins'
who own property on Thrd-ave.. New-fork CITY.
near scventleth-st brought actions 10 recover
damages said to have been sustained by reason Oh
the construction and operation OF the road.
The question these appeals was whether as
Is usual in such cases. the elevated railroads were
a damage benefit. The property-owners on the
avenue declared that the road was an injury De-
cause the appreciation in value OF property on the
avenue was much less than that OF property on
side streets the difference being caused by the
presence OF the railroad: and also that the natural
growth OF the city, the road being absent from the
avenue would have made the appreciation greater
than Il Is now.
The elevated railroad people held that the pres
ence OF the road the largest element entering
into the appreciation OF the property and that the
benefits derived therefrom more than set OH any
disadvantages which the structure might cause
The decision Of the Court OF Appeals follows mat
in the Bohm Of two years ago. ana uphoids
the contention OF the road These cases were
argued la June and they are OF much Importance
The prevailing opinion In the Malcolm case was
written bv Judge Finch and concurred in by Chief
Judge Andrews and Judge, Peckham and Halght-
Judge Bartlett wrote a dissenting opinion "h'ch
was concurred in by Judges Gray and . brien'
The prevailing opinion In the Bookman case was
also written by Judge Finch, and Chler judge
Andrews and Judges Peckham and Haight con-
CURED Judge Gray dissenting opinion,
which was concurred in by Judges OBrien ana
Bartlett.
The Court of Appeals to-day reversed the order
OF the lower and dismissed the proceedings
al nat
Barnes, jr.. proprietor of The Albany MORNING
Express" and others, appellants against the court
OF Sessions OF Albany County Judge Clutel' ms
was an appeal from the order OF the General TERM
Third Department, affirming conviction Oh 'Ne
appellants Of 4 criminal contempt OF court
The court ordered new trial In the case oi EiI
G. Jameson and others against the Kings county
Elevated Railroad Company. appellant This was an
appeal from a General Term Judgment "hich al
firms an award to the plaintiff OF s54' Inc ac'Ioi
was ir equity 10 restrain the operation OF the
road I'm front OF plaintiffs promises. No iss u
ton-st brooklyn and to recover past DAMAGE u
the rental value OF the properly. -, ,ba lovrer
The court affirmed the judgment OF IRE loW ~
court In the case CT Michael Toomey agai,s, tne
Delaware Lackawanna and Western kalrodd ON
pany. appellant This was an appeal from a JUG
Wew-York Actor was brought for false ana
on Septamber , 1890 on the complaint OF con
ductor on the railroad who alleged tnat ne pr, pr
scented fraudulent ticket between orange anu
Hoboken The lower court awarded him Soo dam
ages and costs. a., Trans pruno
secures judgment of S7lo against the Br .,,rys
city Railroad Company Ior damages s"''"'''7-
while riding open horsecat -,
These decisions also were rendered to-day
D. Nugent. appellant against Atlas Steanls"P
Company; J. James. appellant aganiSs, r5 Miller
ard others: Mayor Of New-york against Newly orK
Central and Hudson River Railroad COMPANY, APP
peilanr; J. X. Murray AGAINST Great Western m
against T. A R,ngler; II. Knapp appellant. asalnst
L. j. Hall; s ]. Haight ana another agalns. l. ~
Littlehed and another appellants judgment al
In re- Implication OF \. P. Fitch. NETWORK CITY
Controller for a writ OF certorarL order athrmed'
with costs and the proceedings RENTED TO the Spe-
ciaI Term to proceed thereon. - 49,,
People ex rel Purdv appellant, against A. F. iItch'
SaC-York city Controller. order Of General Term
reversed that Of Special Term. awarding man,
darus affirmed with costs; but the ISSUANCE OF
of proceedings under the writ OF certiorar IN ap-
plication OF above.
In 70 petition OF Brooklyn Elevated Railroad
Company. appellant. relative to acquiring utie'
against John Flynn. Appeal dismis ~ed. with costs
Maria Isoa and another. against j. Weber and al,
other appellants. order Of General Term reversed
and that Of Special Term affirmed with costs.
Adele y. Sanford against Commercial Travellers
Mutual Accident ASSOCIATION OF Amerlca;; ape -
be relieved from his purchase. Order affirmed win
costs. =,
Allen and others. Motion TO remand case denied,
iIccia Consolidated God Mining Company against
W l.. O'Ne.ll. appellant Motion OF respondent 70
dismiss appeal denied. without to either
parry; motion Of appellant for leave to file cor
rectad COPIES OF granted on payment OF SlV
Mar NJ II Clark against Augusta Clark. appel
liant Motion 10 prefer granted. and case ordered
placed on calendar 10 be heard at next session OF
August D. Shepard against Metropolitan Elevated
Railroad Company and another, appellants. Mo-
ton for argument denied; so costs.
The Court OF Appeals calendar for tomorrow is
Nos s. 1905 SCs 3l2 313 266 l025 and COS