Comesky v. Postal Telegraph-Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Comesky, from an order of the Supreme Court, made at the Rockland Trial Term, and entered in the office of the clerk of the county of Rockland on the 18th day of December, 1897, setting aside the verdict of a jury rendered in. favor of the plaintiff for $250.
1Opinion of the Court
Cullen, J.:
This action was brought by the plaintiff, as owner of land abutting upon the highway, for the recovery of damages caused by the erection of two telegraph poles in the highway in front of his premises ; and also to enjoin the further maintenance of the poles. The action was brought on for trial before a jury at the Trial Term, and a verdict rendered for the plaintiff in the sum of $250. A motion for a new trial having been made, the court set aside the verdict as-excessive; and from that order this appeal is taken.
We think, in any view of the case, the order of the court should be…
2Cases cited3 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Carroll v. . DeimelNew York Court of Appeals · 1884
- Vilas v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1890
3Cited by3 opinions
- Mott v. LewisAppellate Division of the Supreme Court of the State of New York · 1900
- B & R Luncheonette Inc. v. Fairmont Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- New England Telegraph Co. v. NeigerAppellate Division of the Supreme Court of the State of New York · 1915