39 N.Y. St. Rep. 143
The Superior Court of New York City
Decided May 11, 1891
The Superior Court of New York City · decided 1891-05-11
Appeal by defendants from a judgment entered upon findings and conclusions made at special term. Action to restrain defendants from maintaining and operating their elevated railroad in front of plaintiff’s premises and to recover past damages for the same. Truax, J:, on the trial found the following facts: • “ Third.
Decided 1891-05-11
¶1—The fair construction of the findings and conclusions that are argued to be inconsistent is that although the plaintiff lost none of the rents under the lease of No. 662 expiring in 1890, yet that the rental value had been diminished. That the plaintiff could recover for such a diminution has been determined in this court against the plaintiff.
¶2Judgment affirmed, with costs.
¶3Sedgwick, Ch. J., and Ingraham, J., concur.