Lyons v. New York El. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Patrick F. Lyons against the New York Elevated Railroad ' Company and the Manhattan Railway Company. Judgment for defendant on report of referee, and plaintiff appeals.
1Opinion of the CourtO’Brien, J.
This is the usual suit for an injunction and damages affecting premises Nos. 420 and 493 Greenwich street, in the city of New York. The sums awarded for fee damage were $500 as to each property, and rental damage was allowed at the rate of $50 a year. Apart from the merits, we think this judgment must be reversed for errors in rulings upon evidence. The testimony of the plaintiff’s expert was directed to showing the course of values in Greenwich street; and the defendants, on their own behalf, after having elicited from their expert similar testimony, asked him, in addition, for a statement…
2Cases cited9 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Church v. . HowardNew York Court of Appeals · 1880
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Huntington v. . AttrillNew York Court of Appeals · 1890
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
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3Cited by2 opinions
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Duffy v. BeirneAppellate Division of the Supreme Court of the State of New York · 1898