Moore v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Eliza Jane Moore against the New York Elevated Railroad Company and the Manhattan Railway Company to recover damages for alleged injury to the rental value of plaintiff’s premises, known as “371 Greenwich Street,” caused by the maintenance and operation of defendants’ elevated railroad. Judgment for defendants, entered on a verdict in their favor. Plaintiff appeals.
1Concurrence
PBYOB, J.,
(concurring.) In Sternberger v. Railroad Co., (Com. Pl. N. Y.) 20 N. Y. Supp. 857, a case similar to the present, I directed the jury that, in any event, the plaintiffs were entitled to' a verdict for nominal damages; and in Hoffman v. Railroad Co., (Com. Pl. N. Y.) 20 N. Y. Supp. 625, I stated obiter the same doctrine, citing Newman v. Railway Co., 118 N. Y. 618, 23 N. E. Rep. 901, and Bohm v. Railway Co., 129 N. Y. 576, 29 N. E. Rep. 802. Such was was my conception of the law, and that I was in the right is shown by the above very satisfactory argument of Judge BISCHOFF.
2Cases cited4 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Hoffman v. Manhattan Elevated RailwayNew York Court of Common Pleas · 1892
- Sternberger v. Metropolitan Elevated RailwayNew York Court of Common Pleas · 1892