Jones v. New York El. R.
New York Court of Common Pleas
Appeal from judgment on report of referee. Action (1) by Mary Jones; (2) by Mary Jones, as executrix; and (3) by Mary Jones and others against the New York Elevated Railroad Company and another. From a judgment for plaintiff in each case defendants appeal-
1Per curiam
These actions were brought to restrain the defendants from the operation of their railway in front of respondents’ premises Nos. 346,348, and 350 Ninth avenue, in this city. The questions argued in the three cases are substantially the same, and may be considered together. Appellants contend that the referee erred in refusing to find that the plaintiffs’ property was benefited by the increased accessibility due to the proximity of defendants’ station. It is quite true that there is a station at this corner, but, after an-examination of the evidence, we are not convinced that the referee erred…
2Cases cited1 opinion
- Smith v. New York El. R.New York Court of Common Pleas · 1892