Hyperlawhypertext legal database Johnston v. New York Elevated Railroad 17 N.Y.S. 953

← Cases

Johnston v. New York Elevated Railroad

17 N.Y.S. 953 Court N.Y. Super. Ct. Decision date 1892-01-11 English

Delivered by Gildersleeve, J.

Contents

Majority

p. 953
Johnston, Respondent, v. New York El. R. Co. et al., Appellants.
(Superior Court of New York City, General Term.
January 11, 1892.)

Headnote

Appeal from special term.
Action by Benjamin B. Johnston against the Hew York Elevated Bailroad Company, the Manhattan Bailway Company, and the Metropolitan Elevated Bailroad Company, to restrain defendants from maintaining their railroad in front of plaintiff’s premises.
For former reports, see 11 H. Y. Supo. 68; 16 H. Y. Supp. 434.
Argued before Freedman, McAdam, and Gildersleeve, JJ.
Davies, Short <6 Townsend, (Julien T. Davies and Joseph E. Lord, of counsel,) for appellants. Pechham & Tyler, (E. W. Tyler, of counsel,) for respondent.

The judgment restrains the defendants from maintaining their elevated railroad in front of the plaintiff’s premises, known as “Hos. 231, 233, and 235 Pearl street,” in the city of Hew York, unless the defendants, within a time specified, pay to the plaintiff $8,000 for a release of the easements; and it awards to the plaintiff $7,500 damages, besides $1,001.61 costs. The evidence satisfactorily sustains the findings of the court below, and justifies the judgment rendered. Hoerrors werecommitted during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.