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Klipstein v. New York Elevated Railway Co.

59 N.Y. St. Rep. 573 Court N.Y. Super. Ct. Decision date 1894-05-07 English

Delivered by Duglio, J.

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p. 573
August Klipstein, Resp’t, v. New York Elevated Railway Company et al., App’lts.
(New York Superior Court, General Term,
Filed May 7, 1894.)

Headnote

'Trial—Jury—Elevated railroad.
In an action against an elevated railroad for an injunction and damages, a refusal of a jury trial of the question of past damages, though they had heen assigned to plaintiff, is not error.
Appeal from an order denying a trial by jury.
Davies & Rapallo, for app’lts; John H. Parsons, for resp’t.

The only question on this appeal is whether it was ■error to refuse a jury trial of the question of past damages, these damages having been obtained by the plaintiff through assignment. The principles stated in the cases of Shepard v. Man. Railway Co., 117 N. Y. 442 ; 27 St. Rep. 705 , and Hunter v. Same, 57 St. Rep. 400 , when applied to the question, necessarily lead to an affirmance.

Judgment affirmed, with costs.

V

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