Remsen v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs,, entered in the office of the clerk of the county of New York on the 31st day of December, 1895, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs,, entered in the office of the clerk of the county of New York on the 31st day of December, 1895, upon the decision of the court rendered after a trial at the New York Special Term. This action was brought for ah injunction restraining the defendants from maintaining, continuing or operating then’ elevated railroad in front of the plaintiffs’ premises, and to compel them to take down and remove the same, and. for the recovery of damages.
1Opinion of the Court
Ingraham, J.:
We have examined with care the testimony in the light of the defendants’ criticism, and it is sufficient to say that we think the findings of the court were sustained hy the evidence. While, it is true that in this ease there was a sharp conflict in the testimony of the witnesses produced hy the plaintiffs and by the defendants as to the values, both rental and fee, of this property during the period from 1873 down to the present time; and while much of the testimony given on both sides is unsatisfactory and contradictory, we think that the trial judge, having the witnesses…
2Cases cited1 opinion
- Hunter v. Manhattan Railway Co.New York Court of Appeals · 1894
3Cited by2 opinions
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Kerr v. New York Elevated Railway Co.New York Supreme Court · 1906