Livingston v. Manhattan Railway Co.
The Superior Court of New York City
Appeal by the defendants from an order denying their motions in each of said actions, to vacate and set aside the reports of the referee in each of said actions, and that the referee be directed to make reports therein which shall include all the facts found by him and the conclusions of law found thereon.
1Opinion of the Court
By the Court.—Freedman, J.
In each of the above entitled actions the defendants moved that the report of the referee be vacated and set aside and that the action be sent back to the referee and that he be directed to make a report including all of the facts found by him and all the conclusions of law found thereon. The motions were denied and the defendants appealed.
Each of these actions was the usual action by an abutting owner for an injunction and for damages by reason of the construction, maintenance and operation of an elevated railroad in front of such owner’s premises. By consent of the…
2Cases cited8 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Green v. . RoworthNew York Court of Appeals · 1889
- Beck v. . SheldonNew York Court of Appeals · 1872
- Gormerly v. . McGlynnNew York Court of Appeals · 1881
- Rogers v. . WheelerNew York Court of Appeals · 1873
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