The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-05
THE INJURED SUBWAY ABUTTER.
Proposal to Mako the Rapid Transit Com.
mission Q Court Of Claims.

To THE EDITOR or TIE SUN-Sir: As a
remedy to obviate the opposition which has
developed to constructing any extension OF
tho subway system, l suggest that an act
OF the Legislature be passed In order to
change tho present law. which debars the
owners Of property or their lessees along
the line from recovering from the city or
the contractor tho incidental damages to
which they have been or will be subjected.
That is. no legal claim can be based upon
the consequent damages which result from
the loss OF rents or profits caused by the
contractor or the city In the prosecution OF
this public work. The reason for such a
law is generally put upon the ground that
the few must suffer for the benefit OF the
many. and further that IL claims for such
damages were recognized the treasury Of
the city would be depleted by the food OF
claims which would pour in.
In my opinion this ID altogether unsound rea-
soning. and a. q measure of relief l therefore
suggest that the present Rapid Transit act be
anne nded 50 - to empower the commission to
sit as a court OF claims. as it were. authorized
to take testimony on behalf Of the owners and
lessees. showing the amount Of their losses
Of rents or profits. as the case may be. aris-
ing from their ownership or occupancy Of
property along tho line OF the subway. Pro-
vision should also be made In the act per-
hitting the city and the contractor to be
parties to the proceedings before the COM
mission. In order not only to cross -eI anime
the claimant and his witnesses, but also with
the right to adduce evidence in rebuttal,
and the findings Of the commission should
also be renewable by the courts on the appli-
cation q any sss sps,S paFhty Il any Of
books or. other competent evidence that
they had been unable to rent their property
or had suffered distinct loss Of profits by the
falling on OF their business, as ! have no doubt
many Of them could do. then the board should
be further authorized to hear and determine
Comptroller. who should have authority to
pay the amount Of damages so fixed.
Take a concrete case. A property owner
shows that he has obtained so much rent
for his building for many years past, but on
its continuance. although he has used every
effort to find q tenant, the property remains
vacant. His damage would then be fixed
at the loss Of rent 80 incurred. Again, a
merchant or shopkeeper shows that before
amounted to 80 many thousands Of dollars
a year. the profits on which were a certain
sum. but since the construction Of the sub
way his patronage and business have fallen
OF to a stated extent, and his profits In conse-
quence, so that the damages would be that
loss Of profits As thus shown.
II the owners Of property or their lessees
along the line Of the subway or any proposed
subway were Unidentified in some such way
as this I think that all opposition to the pres
ent subway or any extension thereof would
altogether. abate. ! will add that have no
along the line Of the subway or any proposed
addition thereto.
WILLIAM f. YER PLANcx.
NEW YORK. Oct. ).