Legal Opinion

Kerr v. New York Elevated Railway Co.

New York Supreme Court

Decided February 15, 1906Published

Motion to resettle decision and judgment.

1Opinion of the CourtGiegerich, J.

This application is made by the defendants to resettle and amend the decision and judgment by striking out the provision for the payment of interest upon a certain sum awarded as a portion of the past or rental damages “ from the first day of April, 1903,” and to substitute in its stead the date “April 7, 1905.” The action is brought in equity to restrain the further maintenance and operation of the defendant’s elevated railroad in front of the premises in suit and, incidentally, to recover damages to the fee and for the loss of rents caused by the operation and maintenance of such railroad.…

2Cases cited4 opinions

  1. Wilson v. . City of TroyNew York Court of Appeals · 1892
  2. Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
  3. Moore v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1891
  4. Remsen v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896

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