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Phelps v. Metropolitan Elevated Railroad

17 N.Y.S. 956 Court N.Y. Super. Ct. Decision date 1892-01-11 English

Delivered by McAdam, J.

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p. 956
Phelps, Respondent, v. Metropolitan El. R. Co. et al., Appellants.
(Superior Court of New York City, General Term.
January 11, 1892.)

Headnote

Appeal from judgment on report of referee.
Action by Emerson A. Phelps against the Metropolitan Elevated Railroad Company and the Manhattan Railway Company to-restrain the maintenance and operation of defendants’ elevated railroad in the street abutting plaintiff’s premises.
Argued before Freedman, McAdam, and Gildersleeve, JJ.
Davies & Rapallo, for appellants. E. M. Felt, for respondent.

The judgment restrains the defendants from maintaining the elevated railway structure in front of the premises known as “So. 94 Sixth Avenue, ” unless the defendants, within a time specified, pay the plaintiff $1,200 for a release of the easement, and $400 damages. The evidence satisfactorily sustains the findings of the referee, and warrants the judgment rendered. So errors were committed during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.