Welsh v. New York Elevated Railroad
New York Court of Common Pleas
Appeal from special term. Action by Charles Welsh, as surviving executor of George W. Welsh, deceased, against the New York Elevated Railroad Company and the Manhattan Railway Company. Defendants appeal from a judgment for plaintiff entered on trial by the court without a jury.
1Opinion of the CourtPryor, J.
In this action, for an injunction against defendants’ railway and for damages, plaintiff has judgment for an injunction and for $15,650 damages for past injury. Because of error apparent in the record, the judgment must be reversed.
1. Seeking to avail themselves of the principle afterwards enunciated in Newman’s Case, 118 N. Y. 618, 23 N. E. Rep. 901, defendants requested the trial court to find conclusions of law, as follows; “In estimating the combined injury done to the rental value of said premises by said railroad in Greenwich street and railroad station in Barclay street, the benefits…
2Cases cited2 opinions
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Welsh v. Manhattan Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1890
3Cited by5 opinions
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Huggins v. Manhattan RailwayNew York Court of Common Pleas · 1892
- Odell v. Metropolitan Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
- Odell v. Metropolitan Elevated Railway Co.The Superior Court of New York City · 1893
- Sillcocks v. New York El. R.New York Court of Common Pleas · 1892