David Newman, Respondent v. the Metropolitan Elevated Railway Company Appellants

Summary

The Court reversed the judgment, holding that the trial court erred by refusing to instruct the jury that benefits to the plaintiff's property arising from the elevated railroad may be considered when assessing damages for loss of easements. The Court also reaffirmed that easements are property, but compensation is measured by the damage to the land, not by a separate valuation of the easement.