Carroll v. New York Elevated Railroad — 45 N.Y.S. 1135

Majority

p. 1135

CARROLL, Respondent, v. NEW YORK EL. R. CO. et al., Appellants.

(Supreme Court, Appellate Division, First Department.

May 14, 1897.)

Headnote

Action by Royal Phelps Carroll against the New York Elevated Railroad Company and the Manhattan Railway Company.

Sherrill Babcock, for appellants.

Jay & Candler, for respondent.

The motion for a stay should be granted "upon condition that the defendants, within 15 days after the entry of the order herein, file in the office of the clerk of the city and county of New York an undertaking, with sufficient sureties, to the effect that if the judgment herein be affirmed, or the appeal be dismissed, by the court of appeals, the defendants will pay past damages and costs, the sureties to justify, etc., in case they are excepted to; and upon the further condition that the defendants within said 15 days execute a bond in the penalty of $12,000, with two sufficient sureties, who shall justify, etc., the bond to be conditioned for the payment of $6,000, with interest from April 11, 1894, in case the judgment herein be affirmed or the appeal dismissed by the court of appeals, upon the tender to them of the deed provided for in the judgment appealed from; and also upon the condition that within said 15 days the defendants file in the office of the clerk of the city and county of New York a stipulation that during the pendency of this action they will not institute or prosecute any proceedings to condemn any right, interest, or easement of the plaintiff described in the complaint herein. Motion granted, upon compliance by the defendants with the foregoing conditions.