Murtha v. Metropolitan El. Ry. Co.
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by John Murtha against the Metropolitan Elevated Railway Company and the Manhattan Railway Company to enjoin the maintenance and operation of defendants’ elevated railway in the street in front of plaintiff’s premises. From a judgment in favor of plaintiff for injunctive relief, and damages for the loss of rental value, defendants appeal. Reversed.
1Opinion of the CourtBischoff, J.
For material error in the admission of incompetent evidence against the objection of the defendants’ counsel, the judgment must be reversed. Upon his direct examination, Water-low, called for.the plaintiff as an expert^touching fee and rental *709values, was asked: “Can you state more specifically what that difficulty has been in renting property on Sixth avenue since the erection of the elevated road, as compared with a period before its erection on Sixth avenue north of 42d street?” The question did not necessarily call for hearsay testimony, and the objection of the defendants’ counsel upon…
2Cases cited4 opinions
- Waldele v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884
- People v. . O'NeillNew York Court of Appeals · 1889
- Mooney v. New York Elevated RailroadNew York Court of Common Pleas · 1890
- Saxton v. New York El. R.The Superior Court of the City of New York and Buffalo · 1892