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Ogden v. Kings County Elevated Railway Co.

21 N.Y.S. 1125 Court N.Y. Gen. Term Decision date 1893-02-13 English

Delivered by PRATT, J.

Contents

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p. 1125
OGDEN v. KINGS COUNTY EL. RY. CO.
(Supreme Court, General Term, Second Department.
February 13, 1893.)

Headnote

Appeal from special term, Kings county.
Action by Herman B. Ogden against the Kings County Elevated Railway Company to obtain an injunction against defendant’s operation of its road and for damages. Judgment for plaintiff. Defendant appeals. Affirmed.
Argued before BARNARD, P. J., and DYKMAN and PRATT, JJ.
Russell & Percy, (William A. Poste and Welton C. Percy, of counsel,) for appellant.
Theodore B. Gates, for respondent.

We think this case was properly tried by the court without a jury; that it was fairly tried and most sensibly disposed of by the learned trial judge. We, therefore, affirm the judgment, with costs.