Blashfield v. Empire State Telephone
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made September 11, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made September 11, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It must be presumed that the judgment entered upon the report of the referee was not reversed, or the new trial granted upon a question of fact, since it does not appear in the body of the order that it was upon error of fact, as well as error of law. (Code Civ. Pro. § 1338; Whitman…
1Opinion of the CourtPeckham, J.
This action was commenced to recover damages alleged to have been sustained by the plaintiff’s assignors by the building of the defendant’s telephone line along the highway opposite their lands. These owners, numbering some sixty different individuals, assigned their claims to the plaintiff, who brought this action, and after trial before a referee ■succeeded in recovering judgment in his favor in a total of ■several hundred dollars. The defendant denied some of the material allegations of the complaint, and also set up as an ■affirmative defense that plaintiff’s attorney had purchased the…
2Cases cited2 opinions
- Holmes v. . MoffatNew York Court of Appeals · 1890
- People v. . WilsonNew York Court of Appeals · 1894
3Cited by20 opinions
- People v. . PrioriNew York Court of Appeals · 1900
- Clary v. Borough of EatontownNew Jersey Superior Court Appellate Division · 1956
- Cole v. . Fall Brook Coal Co.New York Court of Appeals · 1899
- Boyd v. . BoydNew York Court of Appeals · 1900
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
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