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Moss v. Manhattan Railway Co.

21 N.Y.S. 1134 Court N.Y. Super. Ct. Decision date 1893-01-03 English

Delivered by GILDERSLEEVE, J.

Contents

Majority

p. 1134
MOSS et al., Respondents, v. MANHATTAN RY. CO. et al., Appellants.
(Superior Court of New York City, General Term.
January 3, 1893.)

Headnote

Appeal from special term.
Action by David Moss and another against the Manhattan Railway Company and another. See 17 N. Y. Supp. 686 .
Argued before FREEDMAN, McADAM, and GILDERSLEEVE, JJ.
Davies & Rapallo, (Herbert Barry, of counsel,) for appellants.
L. C. Dessar, (Joseph B. Reilly, of counsel,) for respondents.

The judgment enjoins and restrains the maintenance and operation of defendants’ elevated railroad in front of premises No. 371 Pearl street, unless they pay to plaintiffs the sum.of $3,000; and it also awards to plaintiffs $1,822.84, damages and costs. The action seems to have been carefully tried. No exceptions were taken to the admission or rejection of evidence, and a fair preponderance of evidence sustains the findings of the court below, and justifies the judgment. It follows that the judgment appealed from must be affirmed, with costs.