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Johnston v. Manhattan R. Co.

32 N.Y. St. Rep. 685 Court N.Y.C.P. Decision date 1890-07-18 English

Delivered by Larremore, Ch. J.

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p. 685
Benjamin G. Johnston, Resp’t, v. The Manhattan R. Co. et al. App’lts.
(New York Common Pleas, General Term
Filed July 18, 1890.)

Headnote

Reargument of appeal from judgment in favor of plaintiffs for $968.54 damages and costs and granting an injunction restraining defendants from operating their elevated railroad in front of plaintiffs’ premises unless they pay to plaintiff the sum of $800.
Julien T. Davies and Brainard Tolies, for app’lts; Pechham & Tyler (Henry C. Atwater, of counsel), for resp’t.

The questions discussed upon this reargument are substantially the same as those involved in the case of Diedrich Werfelman and George H. Werfelman v. The Manhattan Railway Co. and the New York Elevated Railroad Co.

p. 686
The judgment appealed from should be affirmed, with costs, for the reasons given in our opinion in said case.

Bookstaver, J., concurs.