Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 10

Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 10

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...if he had, I do not see why he was not entitled to compensation in damages for the injury he had sustained, notwithstanding the authority from the legislature to the defendants to occupy the street. But there is an obvious and clear distinction between that case and the one under consideration. In the one case, a lawful right had been exercised in an unlawful manner, and it resulted in a violation of the private rights of the plaintiff. In the other case, the defendants have pursued the authority conferred upon them in a lawful manner, though it may have resulted in consequential damages to the plaintiff. The law of such a case is clearly Stated by the same learned judge whose decision is the subject of this review, in The First Baptist Church fyc. v. The Ulica and Schenectady Railroad Company, (6 Barb. 313.) "The mere consequential advantages or disadvantages of a railroad to a neighborhood," he says, "can not be the subject of a private action. Its termination, for instance, may incidentally influence the value of real estate, greatly enhancing the property of some persons in the vicinity; but the corporation can claim no compensation for the improvement; while others may suffer a corChapman v. Albany and Schenectady Railroad Co. responding depreciation and be remediless. These are fluctuations to which real property is subject. On the one hand there is an accidental advantage for which the fortunate owner makes no return, and in the other it is damnum absque injuria. The mutations in business, and the consequent change in the value of property constantly occurring from the improvements of the day, are, as a general thing, not the foundation for a legal claim. Few railroad companies could sustain themselves under such a rule of...
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Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236532686
  • 9781236532688