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CITY OF NEW YORK v. UNITED STATES

No. 46268.

75 F.Supp. 327 (1948)

CITY OF NEW YORK v. UNITED STATES.

Court of Claims.

February 2, 1948.

Attorney(s) appearing for the Case

Bernard H. Friedman, of New York City (Charles E. Murphy and Harry E. O'Donnell, both of New York City, on the brief), for plaintiff.

Kendall M. Barnes, of New York City, and Herbert A. Bergson, Asst. Atty. Gen., for defendant.

Before JONES, Chief Justice, and WHITAKER, LITTLETON, MADDEN and HOWELL, Judges.

WHITAKER, Judge.

The City of New York sues for just compensation for the requisition by the defendant of one of its subway trains. The defendant alleges that the train, at the time of requisition, had no value except as scrap. Plaintiff sues for its value as a train.

We are of opinion that it had no value as a train and that its only value was the scrap value of the materials in it.

It was purchased as an experiment in 1934 by the New York Rapid Transit...

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