Harris v. Union Elevated Railroad — 28 N.Y.S. 1112

Majority

p. 1112

HARRIS, Respondent, v. UNION EL. R. Co., Appellant.

(Supreme Court, General Term, Second Department.

May 14, 1894.)

Headnote

Appeal from circuit court, Kings county.

Action by Henry Frederick Harris against the Union Elevated Railroad Company.

Hoadly, Lauterbach & Johnson (Wm. N. Cohen and Frederick P. Delafield, of counsel), for appellant.

Stephen M. Hoye (Francis Russel Whitney, of counsel), for respondent.

There are no questions of law that require discussion. The witness James was clearly incompetent to testify as to the change produced in the rental value of Hudson avenue by the construction, of the road. The question of fact as to the amount of depreciation of the rental value by the road was determined favorably to defendant. The evidence would have justified a much larger verdict. We find no errors, and the judgment is affirmed, with costs.