Hyperlawhypertext legal database Strouse v. New York El. Ry. Co. 18 N.Y.S. 938

← Cases

Strouse v. New York El. Ry. Co.

18 N.Y.S. 938 Court N.Y. Gen. Term Decision date 1892-03-31 English

Contents

Majority

p. 938
Strouse et al., Respondents, v. New York El. Ry. Co. et al., Appellants.
(Supreme Court, General Term, First Department.
March 31, 1892.)

Headnote

Appeal from judgment on report of referee.
Action by Joseph Strouse and another against the New York Elevated Railway Company and another. From a judgment for plaintiffs, defendants appeal.
Affirmed.
Argued before Van Brunt, P. J., and O’Brien and Ingraham, JJ.
Davies & Rapallo, (,Tullen T. Davies and Brainard Tolies, of counsel,) for appellants. Peokham & Tyler,'{Charles A. B. Pratt, Jr., of counsel,) for respondents.

We think the sums fixed by the referee as past damages and as the value of the plaintiff’s easements are not excessive, and are supported by the evidence. The other questions presented arise in consequence of exceptions to the admission and exclusion of testimony. We think that all of the questions have been passed upon by prior adjudications of this court in favor of the respondents, and that no error was committed by the referee that requires us to reverse the judgment. The judgment should be affirmed, with costs.