Uhlenhaut v. Manhattan Ry. Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by John H. F. Uhlenhaut against the Manhattan Bailway Company and the Hew York Elevated Bail way Company and Helen K. Sumner, as sole-acting trustee under the will of Adams C. Sumner, deceased, to enjoin the operation of an elevated railway in front of plaintiff’s premises, Ho. 197 Pearl street. Judgment for plaintiff. Defendants appeal.
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Appeal from special term. Action by John H. F. Uhlenhaut against the Manhattan Bailway Company and the Hew York Elevated Bail way Company and Helen K. Sumner, as sole-acting trustee under the will of Adams C. Sumner, deceased, to enjoin the operation of an elevated railway in front of plaintiff’s premises, Ho. 197 Pearl street. Judgment for plaintiff. Defendants appeal. The court found as facts that plaintiff was seised in fee of one-half of Pearl, street immediately in front of the premises, and had an easement in the remainder of Pearl street, entitling him to have it kept open as a public…
1Opinion of the CourtDugro, J.
I have examined this case with care, and can find no error which requires reversal. The finding as to the plaintiff’s fee in Pearl street was warranted by the evidence. If the learned trial judge erred in directing the requests presented to him to be marked “Refused, except so far, ” etc., the defendants were not prejudiced by the error, for the findings asked were not material to the decision of the case, nor would they, if the request had been properly disposed of, have been beneficial to the party asking them. It was not error requiring reversal for the learned trial judge to act as he…
2Cases cited1 opinion
- Callanan v. . GilmanNew York Court of Appeals · 1887
3Cited by2 opinions
- Hunter v. Manhattan Railway Co.The Superior Court of New York City · 1892
- Hunter v. Manhattan Ry. Co.The Superior Court of the City of New York and Buffalo · 1892