Niewenhous v. Manhattan Railway Co. & New York Elevated Railroad

The plaintiff’s proofs failed to establish that he h id suffered any diminution in rental value, but we think they did show that he was entitled to some fee damage. A dismissal of his complaint was, therefore, error. The judgment must be reversed and a new trial granted, with costs to the appellant to abide the event. Present — O'Brien, P. J., Patterson, McLaughlin, Laughlin and Houghton, JJ. Judgment reversed, new trial ordered, costs to appellant to abide event. Order filed.