Legal Opinion

Blum v. Manhattan Railway

New York Court of Common Pleas

Decided November 7, 1892PublishedCited by 3 opinions

Appeal from special term. Action by Morris Blum against the Manhattan Railway Company and the Metropolitan Elevated Railway Company to restrain the maintenance and operation of an elevated railway in the street in front of the plaintiff’s premises. Judgment for plaintiff. Defendants appeal. Reversed.

1Opinion of the CourtPryor, J.

The fact of injury to plaintiff’s property from defendants’ railroad was, on the evidence, extremely problematical; but, although we do not feel authorized to reverse the finding of the learned trial court, still, in so close a controversy, the admission of incompetent evidence cannot be disregarded as innocuous. After detailing the physical effects of the railroad on plaintiff’s property, an expert witness added, apparently without a question calling for the testimony, that “these physical effects have an effect upon the rental value of the property.” He was then asked, “What is that…

2Cases cited2 opinions

  1. Ferguson v. . HubbellNew York Court of Appeals · 1884
  2. Roberts v. New York Elevated RailroadNew York Court of Appeals · 1891

3Cited by3 opinions

  1. People v. LongCalifornia Court of Appeal · 1907
  2. Cunard v. Manhattan RailwayNew York Court of Common Pleas · 1892
  3. In Re the Guardianship of CoburnCalifornia Court of Appeal · 1909

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