Conkling v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Frederick A. Conkling and others against the Manhattan Railway Company and the New York Elevated Railroad Company for past damages sustained by the construction and operation of defendants’ elevated railway, and for an injunction nisi to restrain such further operation. There was a judgment for plaintiffs, and defendants appeal.
1Opinion of the CourtBarrett, J.
The appellants have submitted an elaborate brief in this case, and have made nine points, upon each of which they claim a new trial. We have gone over this brief carefully, but we find no merit in any of the positions taken. There can be no doubt that the witnesses produced by the plaintiffs were competent experts, and that the decision of the learned judge at special term, admitting their testimony, should be sustained. Bedell v. Railroad Co., 44 N. Y. 370; Slocovich v. Insurance Co., 108 N. Y. 62, 14 N. E. Rep. 802. They were far better qualified than the experts whose testimony was…
2Cases cited3 opinions
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Mortimer v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
3Cited by3 opinions
- Barrett v. Manhattan Ry. Co.New York Supreme Court · 1892
- Kane v. Manhattan Railway Co.New York Supreme Court · 1891
- Steubing v. N. Y. Elevated RailroadNew York Court of Appeals · 1893