Nette v. New York El. Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Charles Nette against the New York Elevated Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
This action was brought in the usual form against the defendants, to restrain the operation of their elevated railway in front of plaintiff’s premises in event of their failure to pay the sum awarded as damages. We think that there is no ground upon which the judgment can be well assailed. The testimony given by plaintiff’s expert justified a recovery in excess of the referee’s award for fee and rental damage, and while, as is usual, the defendants’ evidence conflicted with this testimony, we find that the probabilities are not so overwhelmingly against the plaintiff as to call for a reversal.
2Cases cited3 opinions
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Struthers v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- American Bank-Note Co. v. Metropolitan El. Ry. Co.New York Supreme Court · 1892
3Cited by1 opinion
- Kopetzky v. Metropolitan El. Ry. Co.New York Court of Common Pleas · 1895