Cunard v. Manhattan Railway
New York Court of Common Pleas
Appeal from special term. Action by Gordon Cunard against the Manhattan Bail way Company, the Metropolitan Elevated Railway Company, and the New York Elevated Railroad Company to restrain the maintenance and operation of an elevated railroad in the street in front of the plaintiff’s premises: Judgment for plaintiff. Defendants appeal. Reversed.
1Opinion of the CourtPryor, J.
Much evidence was adduced on both sides as to the effect of the railroad on the fee and rental value of plaintiff’s property, and the ingenuity of counsel presents persuasive arguments in support of their respective contentions. Doubtless the learned trial judge accorded to that evidence and to those arguments the consideration and weight to which they were entitled; and, as his conclusion does not impress us as clearly contrary to the preponderance of proof, we have no alternative, but to affirm his findings of fact. But the learned counsel for appellants impeaches the judgment for errors of…
2Cases cited8 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Foote v. . BeecherNew York Court of Appeals · 1879
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