The sun., 1895-05-27
GATNOR'S DECISIONS REVERSED.
They Were Given Against tho Elevated
Road in Two Damage Suits.


Tho General Term OF the Supreme Court has
reversed the decisions of Judge Gaynor in tho
cases in which he refused to confirm the awards
made by the Commissioners appointed to assess
DAMAGES caused by building the elevated road in
Myrtle avenue. Brooklyn. and Broadway. Will
liamsburgh. In each case the award of tho
Commissioners had been the nominal
sum Of six cents. There were numerous
other awards Of the Same kind. and
Lawyer William n. Cohen of Hoadly,
Lauterbach johnson, applied to Judge
Gaynor for confirmation of the report Of the
Commissioners. Judge Gaynor. In refusing to
confirm the report, held that the elevated road
could be built through no street without SUBJ
stantial damage to the abutting presidential
property. Mr.. Cohen chose the cases of Eliza
and George Beck. who owned property valued at
$4,000 on Broadway and Isaac Lewis who
owned a fiat house at Grand and Lafayette av.
enues. IN his opinion for the reversal in the
Lewis matter Justice Cullen wrote:
lit is settled by authority that an award by
Commissioners will not be set aside for inade-
Quacy or because excessive. This case cannot
be said to present such an aspect, though We
might have differed from the Commissioners in
their determination. The building. a fiat house.
railroad. 1t cost the respondent about sls.5OO.
tn At IN the .;o time OF the hearing before the
Sross remta Of Years GceInea s' on
both sides testified that ten per cent. of the
value was O fair rental on such property.
The rent received at the time Of the hear
ing would tend to show that there had been
no depreciation in value, The learned Judge at
the Special Term considered 1t conclusive evi-
dence Of damage that the gross rent received
for two years previous was about Sl,5I5 a year.
But lie fell into this error. the ten per cent.
estimate, agreed on by all the Witnesses. was OF
gross rental values not allowing for vacancies
and loss of rent, which WAS estimated to bo
about ten per cent With this deduction. there
would appear no great discrepancy between tho
In the Beck case no damages were awarded
for the loss OF rental. but the sum Of $3.50 was
awarded for damages to he fec by Judge
GaynOr. In writing the opinion OF reversal.
Justice Brown said:
"The plaintiffs purchased the property in
January, 1883. for. S4.500. At that time tho
railroad structure had not been erected in
front of the property. but it was In process of
erection. and the stone for the foundation for
erty was frame building 10 which an addition
erected by tho plaintiffs. and since the pur-
chase the upper part of the building had been
occupied by the plaintiffs as n residence. and tho
other part US u manufactOry Tor dolls and baby
carriages.
The plaintiff. George Beck. testified that
subsequent to the purchase of the property he
was offered for 1t 81. 900. OF the two witnesses
called by the plaintiffs upon the question OF
value OF the property was. $4,000. and the other
that the present value of the lot without tho
building was $4,000. No diminution of value
WAS therefore shown. and to establish n right
show that there had been some general advance
In the value of property In the vicinity upon
side or parallel streets. not attributable to tho
defendants road, OF which they had been de-
IN front of their property. No proof of that
character was offered"