Brooklyn Union Elevated Railroad v. City of New York

Majority

p. 615

The Brooklyn Union Elevated Railroad Company, Respondent, v. The City of New York, Appellant.

(Argued April 23, 1907;

decided May 7, 1907.)

Headnote

Brooklyn Union Elevated R. R. Co. v. City of New York, 112 App. Div. 923 , modified. '

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 4,1906, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover compensation for the use by defendant of the plaintiff’s elevated railroad structure as a.support for its police and fire telegraph wires.

William B. Ellison, Corporation Counsel (James B. Bell and James W. Covert of counsel), for appellant.

George W Wingate for respondent.

Judgment modified by deducting from recovery the interest accruing on plaintiff’s claim prior to thirty days before the commencement of the action, being $9,041.19, and as modified affirmed, without costs in this court to either party; no opinion.

Concur: Cullen, Ch. J., Cray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.