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Phelps v. Metropolitan El. R. Co.

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

Delivered by *959 McAdam, J.

Contents

Majority

p. 958
Emerson A. Phelps, Resp’t, v. The Metropolitan El. R. Co. and The Manhattan R. Co., App’lts.

Headnote

Appeal from a 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 known as No. 94 Sixth avenue, unless the defendants, within a time specified, pajr the plaintiff $1,200 for a release of the'easement and $400 damages. 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 he affirmed, with costs.

Freedman and Gildersleeve, JJ., concur.