Schmitz v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Brooklyn Union Elevated Bail-road Company and another, from a judgment of the Supreme Court in favor of the plain tiff, entered in the office of the clerk of the county of Kings on the 9th day of February, 1905, upon the decision of the court - rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Rich, J.:
The defendants appeal from a judgment in favor of the plaintiff for $3,339.40 damages to the rental-value of the premises described in the complaint, together with $346.65 costs, and enjoining and restraining defendants from maintaining or operating their elevated roads in front of plaintiff’s premises, after the expiration of thirty days from service of a copy of the judgment with notice of entry thereof, unless within that time the defendants should pay or tender the plaintiff or his attorneys the sum of $7,500 with ■ interest thereon from January 23, 1905.
The action is the usual…
2Cases cited3 opinions
- Cook v. New York Elevated RailroadNew York Court of Appeals · 1894
- Sixth Avenue Railroad v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Bookman v. New York Elevated RailroadNew York Court of Appeals · 1893