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Ahrens v. Metropolitan El. R. Co.

46 N.Y. St. Rep. 967 Court N.Y. Super. Ct. Decision date 1892-05-02 English

Delivered by McAdam, J.

Contents

Majority

p. 967
John E. Ahrens, Resp’t, v. The Metropolitan El. R. Co. et al., App’lts.

Headnote

Appeal by defendants from judgment entered on the report of a referee, awarding the plaintiff $797 damages, and restraining the defendants from the further operation of their elevated railway in front of the plaintiff’s premises, No. 792 Second avenue, unless within a time fixed by the decree the defendants pay the sum of §1,250, the value of the easements taken.
Davies & Rapallo and J. S. Wood, for app’lts; Sackett & Bennett, for resp’t.

The evidence satisfactorily sustains the findings of the referee both as to past damages and value of the easements. We find no error in the rulings, and the principles of law applicable require that the judgment appealed from be affirmed, with costs.

Sedgwick, Ch. J., and Freedman, J., concur. ,