New York Court of Appeals

Ira Dwight v. . the Elmira, Cortland and Northern Railroad Company

March 15, 1892132 N.Y. 199

Summary

The New York Court of Appeals reversed the trial judgment, holding that damages for the destruction of fruit trees must be measured by the difference in the land's value before and after the injury, not merely the market value of the trees themselves. The court reasoned that fruit trees have little independent value and that the loss to the realty is the proper measure of compensation.