Domschke v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Cross-appeals from a judgment of the General Term of -the Supreme Court in the first judicial department, entered upon an order made January 26, 1894, which modified, and .affirmed as modified, a judgment in favor of plaintiff entered upon the report, of a referee.
Read the full summary
Cross-appeals from a judgment of the General Term of -the Supreme Court in the first judicial department, entered upon an order made January 26, 1894, which modified, and .affirmed as modified, a judgment in favor of plaintiff entered upon the report, of a referee. This action was brought to restrain the operation and maintenance by defendants of their elevated railroad in front of plaintiff’s premises, Ros. 1166 and 1168 Second avenue, in the •city of Rew York, and to recover the damages caused thereby. The action was begun April 20, 1890, and was tried before a referee, who awarded the…
1Opinion of the CourtO’Brien, J.
Both parties have appealed to this court from the judgment entered upon the report of the referee and the modification thereof by the General Term. The defendants’ appeal rests upon certain exceptions taken at the trial, and the plaintiff’s upon the modifications made by the General Term whereby the provisions of the judgment awarding fee damages and an injunction were stricken out. It appears from the record that the testimony on both sides closed on the 26th. of January, 1893, and two weeks were given to counsel by the referee to submit briefs and requests for findings, the final submission…
2Cases cited1 opinion
- McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
3Cited by7 opinions
- Mooney v. . N.Y. El. R.R. Co.New York Court of Appeals · 1900
- Trinidad Asphalt Manufacturing Co. v. Buckstaff Bros. Manufacturing Co.Nebraska Supreme Court · 1910
- Giles v. VockelSupreme Court of Pennsylvania · 1933
- Mooney v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Mooney v. New York Elevated RailroadNew York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.