Doyle v. Manhattan Ry. Co.
New York Court of Common Pleas
Appeal from equity term. An equity action to recover damages sustained by reason of the existence -of the Metropolitan Elevated Bailroad structure in front of plaintiff’s premises in New York city, and for an injunction against the continuance of the obstruction in the street and the operation of the road.
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Appeal from equity term. An equity action to recover damages sustained by reason of the existence -of the Metropolitan Elevated Bailroad structure in front of plaintiff’s premises in New York city, and for an injunction against the continuance of the obstruction in the street and the operation of the road. The judgment awarded plaintiff $12,000 damages, and enjoined defendants from the further operation of the road, unless they paid her $16,000 for the right to use the street in front of her premises. Defendants appeal.
1Opinion of the CourtLarremore, C. J.
There is one group of exceptions in this case which •seem to render a reversal of the judgment inevitable. A number of witnesses who professed to be familiar with general business on the Sixth avenue were asked by defendants’ counsel the question, “ What has been the effect of' the elevated railroad upon business in Sixth avenue?” This question was followed by others of similar import, such as: “ What has been the course of business in that vicinity, since the elevated railroad was built in that vicinity?” “State whether, since the elevated railroad has been built in that street, business has…
2Cases cited1 opinion
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
3Cited by3 opinions
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Werfelman v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- Doyle v. Manhattan Ry. Co.New York Court of Common Pleas · 1890