Legal Opinion

Randall v. New York Elevated Railroad

New York Supreme Court

Decided March 16, 1894PublishedCited by 2 opinions

Appeal from judgment on report of referee. Action by Ellen R. Randall and others, as executors', against the New York Elevated Railroad Company and another. From a judgment in favor of plaintiffs, defendants appeal. Affirmed.

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Appeal from judgment on report of referee. Action by Ellen R. Randall and others, as executors', against the New York Elevated Railroad Company and another. From a judgment in favor of plaintiffs, defendants appeal. Affirmed. The opinion of Charles N. Morgan, to whom the cause was referred, is as follows: To the' Supreme Court: This is one of the ordinary actions brought against the elevated railroad companies for an injunction to restrain the defendants from maintaining and operating their road in Third avenue in front of the premises of the plaintiffs, and to recover damages for injury done…

1Per curiam

This is the usual action brought by a property owner to obtain an injunction nisi. There is no statement in the case on appeal that it contains all the evidence, the nearest approach thereto being one that it “contains all the testimony taken upon the trial of this' action.” That the latter expression is not the equivalent of the former has been many times held, and lately in the case of Koehler v. Hughes, 73 Hun, 167, 25 N. Y. Supp. 1061, where the authorities "are reviewed, and wherein, as repeatedly before, it was held that, where the case does not contain all the evidence, this court is…

2Cases cited2 opinions

  1. Steubing v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1893
  2. Koehler v. HughesNew York Supreme Court · 1893

3Cited by2 opinions

  1. Grening v. MalcomNew York Supreme Court · 1894
  2. Blaustein v. GuindonNew York Supreme Court · 1894

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