Legal Opinion

Alger v. New York Elevated Railroad

The Superior Court of New York City

Decided October 10, 1891Published

Appeal by the plaintiff from a judgment in favor of defendants dismissing plaintiff’s complaint with costs, and also from an order denying plaintiff’s motion for a new trial.

1Opinion of the Court

By the Court.—Freedman, J.

The action was brought by the plaintiff as administrator of Daniel B. Alger, deceased, to recover damages caused by defendants’ elevated railroad to premises No. 37 Front Street in the city of New York owned by plaintiff’s intestate in his lifetime. The action was commenced May 14, 1889, and under the pleadings and the evidence given at the trial the plaintiff, upon proper proof of damage caused by the defendants, was entitled to recover damages from May 14, 1883, to the death of Daniel B. Alger, which occurred June 7, 1887. Under the decisions of former cases the…

2Cases cited1 opinion

  1. Jones v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1891

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