Gucker v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Henry Gucker against the Manhattan Railway Company and another. From a judgment of special term for plaintiff, defendants appeal. Transferred from First to Second department.
1Per curiam
This is the usual abutter’s action for damages occasioned by the construction and operation of an elevated railroad. While we might have differed from the learned trial judge in his -conclusion as to the amount of the damages inflicted on the plaintiff’s property, we cannot say that his findings were so clearly against the weight of the evidence as to justify this court, under the well-settled rules, in interfering with the judgment. But there has been committed a plain error of law. The plaintiff’s title accrued by devise from his mother, who died on the 28th day of March, 1889. He Bias been…
2Cases cited1 opinion
- Griswold v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890