Underhill v. Manhattan Ry. Co.
New York Supreme Court
Separate actions by Ann L. Underhill and others against the Manhattan Bail way Company and another for injunction and damages. Motion by defendants to submit the issues is to fee and past damages to a jury.
1Opinion of the CourtBarrett, J.
These motions are made pursuant to the amendment to section 970 of the Code of Civil Procedure, c. 208, passed in 1891. The defendants ask to have two questions stated for trial by a jury: First, the question as to past damages; second, that as to fee value. The claim is that both of these questions arise upon the pleadings in the various actions. The motion is resisted upon several grounds: First, it is contended that the amendment in question is unconstitutional; second, that it does not apply to actions pending when it was passed; third, that it only applies to direct issues, and not to…
2Cases cited5 opinions
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- Graves v. SpierNew York Supreme Court · 1870
- Neass v. MercerNew York Supreme Court · 1853
- People ex rel. Albany & Susquehanna Railroad v. MitchellNew York Supreme Court · 1865
- Matter of Application of Dep't Public ParksNew York Court of Appeals · 1881
3Cited by1 opinion
- Mead v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893