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Sperb v. Metropolitan Elevated Railway Co.

43 N.Y. St. Rep. 972 Court N.Y. Super. Ct. Decision date 1892-01-29 English

Delivered by Gilderslegve, J.

Contents

Majority

p. 972
Filed January 29, 1892.
Annie C. Sperb, Resp’t, v. The Metropolitan Elevated Railway Company et al., App'lts.

Headnote

Appeal from a judgment entered on report of a referee, on February.il, 1891, which awards plaintiff $1,457, with interest from January 31, 1891, to date of judgment, for past damages sustained by her on account of the operation and maintenance of defendants’ elevated railroad in front of premises Ho. 934 Sixth avenue, besides $180.18, her costs, and $150 granted as an extra allowance. The judgment further enjoins the defendants from maintaining or using their elevated railroad structure, or operating their railroad thereon, in front of said premises Ho. 924 Sixth avenue, except on the payment to plaintiff of $2,350 as the price of so much of her property in the street as has been taken by defendants.
Dames & llapallo, for app’lts; Edwin, M. Eelt, for resp’t.

We find no errors in the admission or exclusion of evidence that are of sufficient weight to warrant a reversal of the judgment. The case seems to have been carefully tried, and a fair preponderance of evidence justified the findings of the referee.

The judgment appealed from is affirmed, with costs.

Dugro, J., concurs.