Knapp v. New York Elevated Railroad
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by Shepard Knapp, as substituted trustee of the estate devised to Lewis 0. Hamersley, Abraham Van Nest, John Fleming, and John W. Hamersley, in trust for the benefit of Andrew B. Hamersley, in and by the will of Thomas Hamersley, deceased, against the New York Elevated Railroad Company and the Manhattan Railway Company, and James Hooker Hamersley, Courtlandt He Peyster Field, and John H. Livingston, executors of John W.…
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Appeal from judgment on report of referee. Action by Shepard Knapp, as substituted trustee of the estate devised to Lewis 0. Hamersley, Abraham Van Nest, John Fleming, and John W. Hamersley, in trust for the benefit of Andrew B. Hamersley, in and by the will of Thomas Hamersley, deceased, against the New York Elevated Railroad Company and the Manhattan Railway Company, and James Hooker Hamersley, Courtlandt He Peyster Field, and John H. Livingston, executors of John W. Hamersley, deceased, and trustees under the will of said John W. Hamersley, deceased, for Helen R. H. Stickney. From a…
1Opinion of the CourtG-Ildersleeye, J.
The learned counsel for the defendants, appellants, challenge the judgment, and assign numerous errors, each of which, they claim, calls for a reversal. We will take up such objections as seem to call for discussion in the order in which they are presented for our consideration in the able brief of the counsel for defendants, appellants.
1. It is claimed that “the amount fixed by the referee as past damages is excessive and unjust, and altogether unsupported by legal evidence.” The premises in question are at Hanover square, on the southerly side of Pearl street, near Old Slip, and are 24 feet…
2Cases cited5 opinions
- Decker v. . DeckerNew York Court of Appeals · 1888
- Herrington v. . RobertsonNew York Court of Appeals · 1877
- Bach v. New York Elevated Railway Co.New York Supreme Court · 1891
- Chester v. JumelNew York Supreme Court · 1889
- Phelps v. WoodNew York Supreme Court · 1873
3Cited by2 opinions
- Dailey Bros. v. W. A. Clements Co.New York Supreme Court · 1923
- Muller v. Manhattan Railway Co.New York Supreme Court · 1907