New York Court of Appeals

American Bank Note Company v. the New York Elevated Railroad Company

December 1, 1892129 N.Y. 252

Summary

The Court affirmed the lower court's judgment but modified the damages award, striking the $1,000 allowance for noise. It held that the defendants did not acquire title by prescription to the plaintiff's easements of light, air, and access, and therefore could not rely on a prescriptive right. Consequently, the injunction against the elevated railroad was upheld and damages were limited to compensation for the taking of the easements, not for incidental noise.