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Arnold v. Metropolitan Elevated R. Co.

42 N.Y. St. Rep. 958 Court N.Y. Super. Ct. Decision date 1892-01-11 English

Delivered by McAdam, J.

Contents

Majority

p. 958
Margaret Arnold, Resp't, v. The Metropolitan Elevated R. Co. and The Manhattan R. Co., App’lts.

Headnote

Appeal from judgment entered upon the report of a referee.
Davies & Sapallo, for app’lts; B. M. Felt, for resp’t.

The judgment restrains the defendants from maintaining the-elevated railway structure in front of the premises Mo. 875 Sixth avenue, unless the defendants, within a time specified, pay the plaintiff $2,000 and interest, for a release of the easement, and $880 as and for past damages for six years-preceding the commencement of the action. The evidence satisfactorily sustains the findings of the referee and warrants the judgment rendered. _ No-errors were committed during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

Freedman and Gildersleeve, JJ., concur.