Cohn v. Metropolitan El. Ry. Co. — 18 N.Y.S. 935

Majority

p. 935

Cohn et al., Respondents, v. Metropolitan El. Ry. Co. et al., Appellants.

(Supreme Court, General Term, First Department.

March 31, 1892.)

Headnote

Appeal from special term, New York county.

Action by Isaac K. Cohn and Rebecca Cohn, as executor and executrix and trustees under the will of Jacob Cohn, deceased, against the Metropolitan Elevated Railway Company and the Manhattan Elevated Railway Company, to restrain the operation of the railway in front of plaintiffs’ premises, and for damages. Judgment for plaintiffs. Defendants appeal.

Affirmed.

Argued before Van Brunt, P. J„ and Ingraham, J.

Davies, Short & Townsend, (JulienT. Davies and Joseph B. Lord, of counsel,) for appellants. Frank M. Hardenbrook, (J. Archibald Murray, of counsel,) for respondents.

The questions presented on this appeal have been decided adversely to the defendants on the determination of former appeals. It is not necessary, therefore, that there should be any further discussion thereon, and the judgment should be affirmed, with costs.