Powers v. Manhattan Ry. Co.
| Decision Date | 15 April 1890 |
| Citation | 120 N.Y. 178,24 N.E. 295 |
| Parties | POWERS v. MANHATTAN RY. CO. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from a judgment of the superior court of the city of New York affirming a judgment entered upon a verdict of a juyr.
The action was for damages to plaintiff's property caused by the construction and operation of the elevated railroad in the city of New York.
Davies & Rapallo, for appellant.
Roger Foster, for respondent.
At the plaintiff's request, the court instructed the jury ‘that the failure of the defendant to institute condemnation proceedings before taking possession of the plaintiff's property, and before the trial of this action, entitled the jury to give exemplary damages against them, should the jury so desire.’ An exception to this charge presents the only error upon which the appellant asks a reversal of the judgment. We think the exception was well taken. To justify an award of exemplary damages, the evidence must show on the defendant's part malice or fraud or gross negligence. The act causing the damage must be wanton or malicious, or gross and outrageous, or there must appear a design to oppress and injure. The purpose of awarding such damages is to punish a wrong-doer, and, unless a wrong motive exists, there is no basis for such award. The elevated road through Division street, in front of plaintiff's property, was constructed in 1879, and trains commenced to run March 1, 1880. It was leased to the defendant by the Metropolitan Railway Company, May 1, 1879. The road was constructed under legislative authority, and the statutes authorizing the creation of elevated railway companies were declared constitutional. In re Gilbert El. R. Co., 70 N. Y. 361; In re New York El. R. Co., Id. 327. Whether or not an owner of property abutting on the streets in which the elevated roads were constructed was entitled to damages caused by the construction and operation of the road was a question upon which there was a wide difference of opinion among lawyers and judges, and was not settled until the decision of this court in the case of Story v. Railroad Co., 90 N. Y. 122, (in October, 1882.) It had been decided adversely to the property owner by the lower courts, and the Story Case was twice argued in this court, and from the decision finally made three members of the court dissented. The facts of the Story Case were not broad enough to neccessarily cover the case of an abutting owner, whose only...
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Roginsky v. Richardson-Merrell, Inc.
...R. R., 56 N.Y. 44, 48 (1874). It has also used such terms as "wanton or malicious, or gross and outrageous," Powers v. Manhattan Ry., 120 N.Y. 178, 182, 24 N.E. 295, 296 (1890), and "conscious indifference to the effect of his acts." Gostkowski v. Roman Catholic Church of the Sacred Hearts,......
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Martel v. Hall Oil Co.
......Miller, 10 Wyo. 190;. Painter & Co. v. Staley Bros., 15 Wyo. 519;. Henderson v. Coleman, 19 Wyo. 183; Powers v. Ry. Co., (N. Y.) 24 N.E. 295; Abbott v. Co., (Cal.) . 37 P. 527; Norfolk Co. v. Miller, 174 F. 607; U. S. v. Mining Co., 117 F. 481; Ry. ......
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Roberts v. City of New York, 546
...lawsuits, 'one of the most important and interesting chapters in the history of litigation' in New York. Powers v. Manhattan Railway Co., 120 N.Y. 178, 183, 24 N.E. 295. The foundation stone was laid by the Court of Appeals in Story v. New York Elevated Railroad Co., 90 N.Y. 122, 43 Am.Rep.......
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Marcoux v. Farm Service and Supplies, Inc., 02 CIV. 5299(WCC).
...56 N.Y. 44, 48 (1874); `wanton or malicious, or gross and outrageous,' or `a design to oppress and injure,' Powers v. Manhattan Ry., 120 N.Y. 178, 182, 24 N.E. 295 (1890); `conscious indifference to the effect of his acts,' Gostkowski v. Roman Catholic Church of the Sacred Hearts of Jesus &......