Hyperlawhypertext legal database Malcolm v. Manhattan Railway Co. 40 N.Y. St. Rep. 983

← Cases

Malcolm v. Manhattan Railway Co.

40 N.Y. St. Rep. 983 Court Supreme Court—General Term—First Department. Decision date 1891-10-16 English

Contents

Majority

p. 983
Supreme Court—General Term—First Department.
Filed October 16, 1891.
James F. Malcolm, Resp’t, v. The Manhattan Railway Co., App’lt.

Headnote

Appeal from judgment of the special term granting injunction unless certain damages are paid.
J. E. Lord, for app’lt; E. W. Tyler, for resp’t.

All the questions of any moment involved in this appeal have already been frequently passed upon by this court, and it is not necessary now to rediscuss them.

Upon an examination of the evidence in respect to the amount of damages awarded, no injustice to the defendants appears to have been done. The theory which is attempted to be asserted, that the defendants are entitled to be credited with benefits, has been heretofore sufficiently discussed so as not to need further elaboration.

The judgment should be affirmed, with costs.