Kopetzky v. Metropolitan El. Ry. Co.
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Lena Kopetzky against the Metropolitan Elevated Railway Company and another, to enjoin the operation of defendants’ elevated railway in front of plaintiff’s premises. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
Plaintiff brought this action for damages and an alternative* injunction to restrain the operation of defendants’ elevated railway in front of her premises, situated in Second avenue, between Sixtieth and Sixty-First streets. From a judgment rendered in her favor, the defendants appeal, and present the following points:
1. That the damages awarded are excessive. As to this we must hold that the testimony given by the witness Freund, with regard to fee values, and Kopetzky, with regard to the actual rents received, taken together with the other evidence of the state of rents in the locality,…
2Cases cited9 opinions
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- People v. . O'NeilNew York Court of Appeals · 1888
- Deering v. . MetcalfNew York Court of Appeals · 1878
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