Saxton v. New York El. Ry. Co.
New York Supreme Court
Appeal from j udgment on report of referee. Action by James Saxton against the New Tork Elevated Railway Company and the Manhattan Railway Company to enjoin defendants from operating their lines of road over and upon the public street in front of plaintiff’s premises, and for damages. From a judgment entered upon the report of a referee, plaintiff and defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
One of the points raised upon this appeal by the defendants is that the amounts fixed by the referee as the value of the plaintiff’s easements are excessive, unjust, and unsupported by the evidence. We have examined the evidence in this case, and see no reason to differ from the conclusion arrived at by the referee. There was evidence sufficient to support his conclusion, and it is not necessary to discuss the same jit length in the disposition of this appeal.
It is further urged that the referee erred in refusing to find that the defendants’ station is advantageous to the business portion of…
2Cited by1 opinion
- MacDonald v. JohnsAppellate Terms of the Supreme Court of New York · 1909