Lazarus v. Metropolitan Elevated Railway Co. & Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York, on the 21st day of November, 1894, upon the report of a referee. The judgment in this action was reversed and a new trial ordered before another referee, with costs to appellants to abide event.
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Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York, on the 21st day of November, 1894, upon the report of a referee. The judgment in this action was reversed and a new trial ordered before another referee, with costs to appellants to abide event. The opinion upon such decision is reported in volume 5, Appellate Division, page 398., . ' The plaintiffs made a motion for a reargument of the appeal, which motion was granted. The following…
1Opinion of the Court
O’Brien, J. :
There have been two trials of this case, and in the opinions delivered upon the two appeals from the judgments entered after such trials, the facts and questions involved have been fully stated and discussed, (69 Hun, 191; 5 App. Div. 398.) Affected by *439considerations of the hardship which would be inflicted, and the complications that would arise upon a new trial, because of the sale-of the property pending the appeal and the other special reasons, advanced, we granted a reargument, to the end that a single question might be considered, as to whether upon the record we could,, in…
2Cases cited3 opinions
- Bischoff v. New York Elevated RailroadNew York Court of Appeals · 1893
- Suarez v. Manhattan Railway Co.New York Supreme Court · 1891
- Lazarus v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896