Hyperlawhypertext legal database Livingston v. Metropolitan El. Ry. Co. 18 N.Y.S. 204

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Livingston v. Metropolitan El. Ry. Co.

18 N.Y.S. 204 Court Qeneral Term. Decision date 1892-03-14 English

Delivered by Gildersleeve, J.

Contents

Majority

p. 204
Livingston v. Metropolitan El. Ry. Co. et al.
(Superior Court of New York City,
Qeneral Term.
March 14, 1892.)

Headnote

Appeal from judgment on report of referee.
Action by Sylvia Livingston against the Metropolitan Elevated Railway Company and another. From a judgment for plaintiff, defendants appeal.
Affirmed.
For former reports, see 16 N. Y. Supp. 110 , and 17 N. Y. Supp. 486 .
Argued before Sedgwick, C. J., and Dügro and Gildersleeve, JJ.
Davies & Rapado, (Herbert Barry, of counsel,) for appellants. Olin, Rives & Montgomery, (Qeorge L. Rives, of counsel,) for respondent.

The judgment permits the defendants to pay to plaintiff the sum of $3,250, with interest thereon from the date of the report, in avoidance of the injunction restraining defendants from operating and maintaining their elevated railroad in front of premises Nos. 80 and 82 West Broadway, in the city of New York; and it awards to the plaintiff the sum of $168.33 as past damages, together with costs and allowance. The property involved in this case adjoins the premises which form the subject-matter of the case of Julia Livingston against These Defendants, affirmed at this general term, 18 N. Y. S. 203 , and the two cases rest upon the same evidence, and present precisely the same questions. For the reasons stated in the opinion in the said case of Julia Livingston against These Defendants, the judgment herein is affirmed, with costs.. All concur.

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