Golden v. Metropolitan Elevated Railway
New York Court of Common Pleas
Appeal from equity term. Action by Agnes Graham Golden and Charles Golden, Jr., as executors of Charles Golden, deceased, and Agnes Graham Golden, individually, against the Metropolitan Elevated Railway Company and the Manhattan Railway Company, to enjoin the maintenance and operation of the elevated railroad in the street in front of plaintiffs’ premises. From a judgment for plaintiffs, awarding an injunction and damages, defendants appeal. Affirmed".
1Opinion of the CourtPryor, J.
With impressive earnestness the learned counsel for appellants contends that the award of damages, past and permanent, is for amounts quite beyond any sums which the proof authorizes. We do not so understand' the evidence. In deference to the insistences! counsel, we have examined the record with uncommon care, and the result is a persuasion that the conclusion of the trial court is not without adequate support. The special point, so confidently urged, that the fee damage is $2,000 in excess of the estimate of respondents’ own witness, however startling in the statement, ceases to be of force…
2Cases cited5 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- New York Elevated Railroad v. Fifth National BankSupreme Court of the United States · 1890
- Doyle v. Manhattan Railway Co.New York Court of Appeals · 1891
- Betjeman v. New York Elevated RailroadNew York Court of Common Pleas · 1892
3Cited by2 opinions
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894
- Colton v. New York Elevated RailroadNew York Court of Common Pleas · 1894