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" In this case the plaintiff was not satisfied with a recovery based on the value of the trees destroyed, after separation from the realty, of which they formed a part — as indeed he should not have been, as such value was little or nothing — so he... "
Reports of Cases Decided in the Court of Appeals of the State of New York - Page 204
by New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1892
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The Northeastern Reporter, Volume 30

Law reports, digests, etc - 1892 - 1188 pages
...obtain the loss occasioned to the land by reason of the destruction of an orchard of fruit-hearing trees, which added largely to its productive value....was not followed, but rejected, on the trial, and n method of proving damages adopted not recognized nor permitted by the courts, the judgment should...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 74

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1898 - 712 pages
...this case, and almost in the exact words of the instruction given in the case. The opinion concludes: "As this rule was not followed, but rejected on the trial, and VOL. 74.J C. & AER Co. v. Davis. methods of proving damages adopted not recognized nor permitted by...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 30

Law reports, digests, etc - 1892 - 640 pages
...testify. Exception. A. About $200. Thomas H. Lynch, a witness for plaintiff1, having testified that the difference in value of the land before and after the injury was between $400 and $500, was asked : Q. Aside from that, how much has the property been depreciated...
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Cases on Damages Selected from Decisions of English and American Courts

Floyd Russell Mechem, Barry Gilbert - Damages - 1909 - 660 pages
...to secure compensation for the damage done to his land because of it, then the measure of damages is the difference in value of the land before and after the injury. In this case the plaintiff was not satisfied with a recovery based on the value of the trees destroyed,...
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The New York Supplement, Volume 121

Law reports, digests, etc - 1910 - 1326 pages
...to secure compensation for the damage done to his land because of it, then the measure of damages is the difference in value of the land before and after the injury. In this case the plaintiff was not satisfied with a recovery based on the value of the trees destroyed,...
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Essentials of the Law of Damages

Ralph Stanley Bauer - Damages - 1919 - 536 pages
...to secure compensation for the damage done to his land because of it, then the measure of damages is the difference in value of the land before and after the injury." — Parker, J., in Dwight v. Elmira, etc., B. Co., (1892) 132 NY 199, 30 NE 398, 15 LBA 612. See Disbrow...
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A Treatise on the Law of Railroads: Containing a Consideration of ..., Volume 3

Byron Kosciusko Elliott, William Frederick Elliott - Railroad law - 1921 - 936 pages
...obtain the loss occasioned to the land by reason of the destruction of an orchard of fruit-bearing trees, which added largely to its productive value....method of proving damages adopted not recognized nor 787 RAILROADS The authorities, however, are not entirely harmonious, especially when it comes to the...
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Forest Finance

Herman Haupt Chapman - Forests and forestry - 1926 - 374 pages
...their destruction is one for damages for injury to the land, the measure of damage in such case being the difference in value of the land before and after the injury." Galveston H. & SA Ry. Co. vs. Warnecke, 95 SW 600 (Tex. cw. app. 1906). "Growing trees are a part of...
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The Northeastern Reporter, Volume 30

Law - 1892 - 1316 pages
...to secure compensation for the damage done to his land because of It, then the measure of damages is the difference in value of the land before and after the injury. In this case the plaintiff was not satisfied with а recovery based on the value of the trees destroyed,...
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American law reports annotated, Volume 9

1920 - 1716 pages
...The measure of damages for destroying a building by negligently removing its lateral support is not the difference in value of the land before and after the injury, but the cost of repair if that can be done within the value of the building immediately before the...
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