Emigrant Mission Committee of German Evangelical Lutheran Synod v. Brooklyn Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by the Emigrant Mission Committee of the German Evangelical Lutheran Synod of Missouri, Ohio, and other states, at the; city of New York, against the Brooklyn Elevated Railroad Company, From a judgment for plaintiff, defendant appeals. From an order refusing to vacate a stay of proceedings on appeal, plaintiff appeal©.'
1Opinion of the CourtWillard Bartlett, J.
It is to be assumed that the stay was? granted in this case because the learned judge who made the order thought that the appeal raised questions which ought to be passe® upon by the court of last resort before the respondent should be compelled either to stop the operation of its railroad in front of the plaintiff’s premises or pay $3,500 for the depreciation in the fee value of those premises. We cannot say that he was wrong in this view; and' the correctness of his conclusion that the questions of law involve® were grave enough to warrant a stay is in no wise affected by the subsequent…
2Cited by1 opinion
- In re Terrence K.Appellate Division of the Supreme Court of the State of New York · 1987