Fifth Nat. Bank v. New York Elevated R. Co.

This is an action to recover damages for the erection of the defendant’s railroad track and station-house in front of the plaintiff’s banking-house at the corner of Twenty-third street and Third avenue, in the city of New York. It has been once before tried, with a verdict for the plaintiff, which was set aside, and a new trial granted. 24 Fed. Rep. 114. It has now been heard on a motion by the defendant fox a new trial for alleged errors in law occurring on the second trial.

The first ground urged for granting the motion is that it was error to admit evidence of damage to the plaintiff…