Hine 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 3, 1890, which affirmed a judgment in favor of plaintiff, entered upon decision of the court on trial at an equity term. This action was brought to recover damages to plaintiff’s premises in the city of Hew York caused by the building and maintenance of defendants’ road, and for an injunction restraining its further operation.
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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 3, 1890, which affirmed a judgment in favor of plaintiff, entered upon decision of the court on trial at an equity term. This action was brought to recover damages to plaintiff’s premises in the city of Hew York caused by the building and maintenance of defendants’ road, and for an injunction restraining its further operation. The judgment awards to the plaintiff the sum of $8,824.92 damages, and contains an injunction restraining the defendants from the further…
1Opinion of the CourtParker, J.
The relief sought by plaintiff rendered it important that he should show the market value of the premises in controversy, prior to the building of defendants’ railroad.
Part of the evidence introduced for that purpose consisted •of his own testimony, to the effect that he had received certain offers for the property.
We agree with the General Term that the court erred in receiving it.
It must be borne in mind that we are not considering the admissibility of an offer made in an open market, such as the Produce Exchange, for an article of recognized uniform cliar-
e acter, constantly bought and…
2Cases cited5 opinions
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Harrison v. . GloverNew York Court of Appeals · 1878
- Louisville, New Orleans & Texas Railroad v. RyanMississippi Supreme Court · 1886
- Lawrence v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1890
- Leale v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
3Cited by32 opinions
- Sharp v. United StatesSupreme Court of the United States · 1903
- Hanks v. Gulf, Colorado & Santa Fe Railway CompanyTexas Supreme Court · 1959
- Page v. Oklahoma CitySupreme Court of Oklahoma · 1927
- Yellowstone Park Railroad v. Bridger Coal Co.Montana Supreme Court · 1906
- Hine v. New York Elevated RailroadNew York Court of Appeals · 1896
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