McGean v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made Hovember 30, 1888, which affirmed a judgment in favor of plaintiff. The nature of the action and the facts are sufficiently stated, in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made Hovember 30, 1888, which affirmed a judgment in favor of plaintiff. The nature of the action and the facts are sufficiently stated, in the opinion. The opinion of witnesses upon the very point at issue, and especially as to damages, can be received only in cases where it is necessary, in order to prevent a failure of justice, and in the absence of any other evidence. • ( Wakemam, v. W. & W. Mfg. Co., 101N. Y. 205,216; Van, Deusen v. Young, 29 id. 9, 36; Norman v. Wells, 17 Wend.…
1Per curiam
This action was brought to recover damages for injuries occasioned to the easements of light, air and access pertaining to the property of the plaintiff’s testatrix during six years prior to 1887, the time of the commencement of the suit, by the erection, operation and maintenance of an elevated railway by the defendant in Division street in the city of New York.
The property consisted of a lot and building on that street, 'twelve and a half feet wide, and which for a period of twenty years had been occupied as a millinery store.
The only material question raised by the appellant on this…
2Cases cited4 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Tenney v. . BergerNew York Court of Appeals · 1883
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
3Cited by38 opinions
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Young v. . ValentineNew York Court of Appeals · 1904
- Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
- Kernochan v. New York Elevated RailroadNew York Court of Appeals · 1891
- Fisher v. StateSupreme Court of Delaware · 1898
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