Cameron v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of June, 1898, upon the verdict of a jury, and also from an order entered in said' clerk’s office on the 28th day of May, 1898, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of June, 1898, upon the verdict of a jury, and also from an order entered in said' clerk’s office on the 28th day of May, 1898, denying the defendants’ motion for a new trial made upon the minutes. This action was brought,to enjoin the operation of the defendants’, elevated railway in front of the plaintiff’s premises, and to recover past rental damages, ..or, in the event of the…
1Opinion of the Court
O’Brien, J.:
Although it is insisted that the damages awarded are excessive, and that the verdict is contrary to the law and to the evidence, we have been unable from an examination of the record to find this contention sustained. The award was not excessive, but was within the proof.
A serious question is presented as to the admissibility of the testimony of an expert produced by the plaintiff upon values in 1873, ■when from the statement of his age it was clear that he could have but little or no personal knowledge on the subject. If the award were dependent upon such evidence alone, we…
2Cited by2 opinions
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903