Malcolm v. Manhattan Railway Co. — 15 N.Y.S. 973

Majority

p. 973

Malcolm, Respondent, v. Manhattan Ry. Co. et al., Appellants.

(Supreme Court, General Term, First Department.

October 16, 1891.)

Headnote

Appeal from special term, New York county.

Action by James F. Malcolm against the Manhattan Railway Company and the New York Elevated Railroad Company for injuries to plaintiff’s property. There was judgment for plaintiff granting an injunction nisi, and defendants appeal.

Argued before Van Brunt, P. J., and Daniels and Ingraham, JJ.

Davies, Short & Townsend, (Julian T. Davies and Joseph E. Lord, of counsel,) for appellants. Peckham & Tyler, (E. W. Tyler, of counsel,) for respondent.

All the questions of any moment involved in this appeal have already been frequently passed upon by this court, and it is not necessary now to rediscuss them. Upon an examination of the evidence in respect to the amount of damages awarded, no injustice to the defendants appears to have been done. The theory which is attempted to be asserted, that the defendants are entitled to be credited witli benefits, has been heretofore sufficiently discussed, so as not to need further elaboration. The judgment should be affirmed, with costs.