Ottinger v. New York Elevated Railroad
New York Supreme Court
Appeal from special term, Hew York county. Action by Marx Ottinger and another against the Hew York Elevated Railroad Company and another. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtO’Brien, J.
The judgment enjoins the maintenance and operation of the defendants’ elevated railway in front of the premises No. 278 Pearl street, unless defendants pay plaintiffs $5,000 as the price of certain of their easements. There is also a money judgment of $3,807.86 damages and costs. There are five questions raised upon this appeal: First. That it was error to admit opinions of witnesses upon the amount of the injury to plaintiffs’ premises. Second. That it was error to refuse to find that plaintiffs had no easement which would authorize them to control the amount of noise made in the street by…
2Cases cited5 opinions
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
- Mitchell v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Korn v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Johnston v. Manhattan Railway Co.New York Supreme Court · 1891