Hyperlawhypertext legal database Moss v. Manhattan Railway Co. 50 N.Y. St. Rep. 940

← Cases

Moss v. Manhattan Railway Co.

50 N.Y. St. Rep. 940 Court New York Superior Court—General Term. Decision date 1893-01-03 English

Delivered by Gildersleeve, J.

Contents

Majority

p. 940
New York Superior Court—General Term.
Filed January 3, 1893.
David Moss et al., Resp'ts, v. The Manhattan Railway Co. et al., App'lts,

Headnote

Appeal from judgment of special term.
L. O. Desear (Joseph B. Reilly, of counsel), for resp’ts;
Davies & Ra/pallo (Herbert Barry, of counsel), for app’lts.

The judgment enjoins and restrains the maintenance and operation of defendants’ elevated railroad in front of premises No. 371 Pearl street, unless they pay to plaintiffs the sum of $3,000; and it also awards to plaintiffs $1,822.84, damages and costs.

The action seems to have been carefully tried; no exceptions were taken to the admission or rejection of evidence; and a fair preponderance of evidence sustains the findings of the court below and justifies the judgment.

It follows that the judgment appealed from must be affirmed, with costs.

Freedman and McAdam, JJ., concur.