Danziger v. Metropolitan El. Ry. Co.
New York Supreme Court
Appeal from special term, New York county. Action by Max Danziger against the Metropolitan Elevated Railway Company and another to enjoin the operation of defendants* elevated railroad in front of plaintiff’s premises in New York City, known as Nos. 2040, 2042, and 2044, Second avenue, and for damages.
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Appeal from special term, New York county. Action by Max Danziger against the Metropolitan Elevated Railway Company and another to enjoin the operation of defendants* elevated railroad in front of plaintiff’s premises in New York City, known as Nos. 2040, 2042, and 2044, Second avenue, and for damages. From an order granting the injunction, unless within a, certain time defendant paid to plaintiff the sum of $14,000, as fee damages to said premises, and $4,708.32, past damages, defendants appeal. Reversed.
1Opinion of the CourtParker, J.
Section 970 of the Code of Civil Procedure, which provides when a party, as a matter of right, is entitled to an order stating specific questions of fact for trial by jury, and providing that the findings of the jury upon each question so stated are conclusive in the action unless the verdict is set aside or a new trial is granted, was by chapter 208 of the Laws of 1891 amended, by .adding at the end thereof the following:
■‘Where one or more questions arise on the pleadings as to the value of property or as to the damages which a party may be entitled to recover, either party may apply upon…
2Cases cited1 opinion
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1892
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