Betjeman v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Nicholas Betjeman against the New York Elevated Railroad Company and the Manhattan Bailway Company to enjoin the maintenance and operation of an elevated railroad in the street in front of plaintiff’s premises, and for damages. From a judgment for plaintiff, awarding an injunction and damages, defendants appeal. Affirmed.
1Opinion of the CourtPryor, J.
Appellants impugn the judgment because of an excessive allowance for fee and rental damages; but, then, with commendable candor, their counsel concedes the existence of evidence tending to support the judgment. In reviewing the decision of the trial court on a question of fact, the appellate tribunal, even of the samecoui't, exercises no arbitrary power in its determination. The general term is still controlled by the evidence; and, to authorize a reversal of the finding below, it is requisite, not only that the proof appear upon paper to preponderate in favor of the appellant, but that the…
2Cases cited7 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Crane v. . BaudouineNew York Court of Appeals · 1873
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
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3Cited by5 opinions
- State Ex Rel. State Highway Commission v. PopeMissouri Court of Appeals · 1934
- Struthers v. New York Elevated RailroadNew York Court of Common Pleas · 1893
- Golden v. Metropolitan Elevated RailwayNew York Court of Common Pleas · 1892
- Sternberger v. Metropolitan Elevated RailwayNew York Court of Common Pleas · 1892
- Devlin v. MayorNew York Court of Common Pleas · 1893