Legal Opinion

Bolger v. Metropolitan Elevated Railway

The Superior Court of the City of New York and Buffalo

Decided October 24, 1892Published

Action by Thomas Bolger against the Metropolitan Elevated Railway Company and another. From a judgment for plaintiff, entered after trial at the equity term, defendants appeal. Modified and afiSrmed.

1Per curiam

With a single exception, which will be presently noted, the judgment is right. The exception relates to that part of the judgment which *431provides that an injunction issue against the maintenance of so much of defendants’ railway and structure as is within the limits of First avenue, in front of plaintiff’s premises, unless the defendants shall pay to him the sum of $3,500. A careful review of the evidence upon this branch of the case has satisfied us that the proof does not sustain a finding of more than $3,000 damage. But, as substantial damage has been abundantly established, it is only…

2Cases cited1 opinion

  1. Blumenthal v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1892

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