Hamilton v. Manhattan Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from equity term. Two of four actions.brought by James A. Hamilton and Edward H. Tailer, as trustees of Thomas Suffern, deceased, against the New York Elevated Bail-road Company and the Manhattan Bail way Company, to enjoin'defendants from maintaining and operating their railway in front of their testator’s premises, and for damages.
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Appeal from equity term. Two of four actions.brought by James A. Hamilton and Edward H. Tailer, as trustees of Thomas Suffern, deceased, against the New York Elevated Bail-road Company and the Manhattan Bail way Company, to enjoin'defendants from maintaining and operating their railway in front of their testator’s premises, and for damages. The defendants appeal from a judgment entered against them in favor of the plaintiffs; and the plaintiffs appeal from those portions of the judgments in which it is adjudged “that the plaintiffs are not entitled to recover for any damages prior to May 1,…
1Opinion of the CourtTruax, J.
Most of the questions that are presented on the defendants’ appeal have heretobefore been decided adversely to the defendants, and a further discussion of them is unnecessary. The question presented by the exception of the defendants to the ruling of the court permitting witnesses to testify what, in their opinion, the rental value of plaintiffs’ premises would have been if the defendants’ railroad had not been constructed, has lately been decided by the general term of the supreme court, in the first department, adversely to the defendants. Kenkele v. Railway Co., 8 N. Y. Supp. 707. The…
2Cases cited7 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Newton v. . HarrisNew York Court of Appeals · 1852
- Starks v. PeopleNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- First National Bank v. Commercial Assurance Co.Oregon Supreme Court · 1898
- Alger v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1891
- Martin v. Manhattan Ry. Co.New York Supreme Court · 1892
- Sperb v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1892
- Moore v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1890