Morrell v. Long Island Railroad
City of New York Municipal Court
Appeal from trial term. Action by William II. Morrell against the Long Island Railroad Company for breach of an oral contract. Defendants appeal from a judgment for plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtPitshke, J.
The court below submitted to the jury the entire question whether the contract was made between the parties as alleged, and the jury found for the plaintiff. That matter was properly left to the jury to decide and determine. Patten v. Pancoast, 15 N. E. Rep. 893. Upon the question of damages the court instructed the jury, under exception, that, as damages for defendant’s failure to complete the filling in of the trestle, they might consider what it would cost plaintiff to build an embankment along the line of the railroad sufficient to keep the water from flowing m upon his land, and that, as…
2Cases cited7 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Pollett v. . LongNew York Court of Appeals · 1874
- Laraway v. . PerkinsNew York Court of Appeals · 1852
- Ogden v. . MarshallNew York Court of Appeals · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Equitable Trust Co. v. NewmanCity of New York Municipal Court · 1910