Kenkele v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Bertha R. Kenkele and. John P. Kinkel, as surviving trustees under the will of Philip A. Kenkele, against the Manhattan Railway Company and the Metropolitan Elevated Railway Company, to restrain them from operating their railroad in front of No. 94 South Fifth avenue, New York city, and to recover damages for its maintenance. Plaintiff recovered judgment, from which defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
Most of the questions presented upon this appeal have been considered in cases which have been heretofore argued and conclusions arrived at .adverse to the claims made by the appellants. It is claimed that the learned judge who presided at the trial adopted an erroneous measure of damages, and admitted incompetent evidence upon the subject of damages. It seems to us that in the discussion of the rules applicable to the question of damages in these cases the peculiar position of the defendant is too often lost sight of. If the defendant, before or immediately after the building of the road,…
2Cited by12 opinions
- Roberts v. New York Elevated RailroadNew York Court of Appeals · 1891
- Hamilton v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
- Macy v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Fletcher v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1935
- Hine v. New York Elevated RailroadThe Superior Court of New York City · 1894
7 more not listed; retrieve them via the Exa API.