Stewart v. Metropolitan Elevated Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Emily Stewart against the Metropolitan Elevated Bailway Company to recover damages (loss of rental value) for an alleged obstruction to land of which plaintiff claimed to own the fee, the same being a part of Fifty-Third street in the city of New York. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtIngraham, J.
The case on appeal contains a statement that “the case is conceded to contain the substance of the testimony offered by either side upon the trial of this action. ” Plaintiff testified that she was the owner of and resided in the house in question, fronting on Fifty-Third street, and being 18 feet, 9 inches, in width on the street. The fact of ownership, and that the premises abutted on the street, must be presumed to have been proved by competent evidence. A photograph of the house in question was received in evidence, but is not printed with the case. There is no evidence to show how…
2Cited by2 opinions
- Mortimer v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1890
- Hochalter v. Manhattan Railway Co.New York Supreme Court · 1890