Mitchell v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. An equity action by Edward Mitchell and Hamilton L. Hoppin and Samuel H. Hoppin, as trustees for Louisa H. Hoppin, against the Metropolitan Elevated Railway Company and the Manhattan Railway Company, to restrain the operation of defendants’ railroad in the street in front of plaintiff’s premises unless defendants should pay such sum as might be found to be the value of the rights and easements taken by them.
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Appeal from special term, New York county. An equity action by Edward Mitchell and Hamilton L. Hoppin and Samuel H. Hoppin, as trustees for Louisa H. Hoppin, against the Metropolitan Elevated Railway Company and the Manhattan Railway Company, to restrain the operation of defendants’ railroad in the street in front of plaintiff’s premises unless defendants should pay such sum as might be found to be the value of the rights and easements taken by them. The injunction was granted unless defendants paid $12,000 within a certain time, and $2,476.19 damages and costs were awarded against…
1Opinion of the CourtBarrett, J.
The only point presented in this ease by the appellants’ brief is that the evidence fails to support the finding of the special term as to the value of the respondents’ easements. We have consequently gone over the evidence with care, and the result is adverse to the appellants. There is, in truth, ample evidence of such value; indeed, evidence sufficient to sustain a much larger award than was actually made. The appellants do not, in fact, claim that there is an entire absence of evidence on this head. What they really attack is the supposed basis upon which that evidence rests. Mr. Mitchell…
2Cases cited6 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
- People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Werfelman v. Manhattan Railway Co.New York Court of Common Pleas · 1890
- Korn v. New York Elevated RailroadNew York Supreme Court · 1891
- Ottinger v. New York Elevated RailroadNew York Supreme Court · 1892