Kane v. Manhattan Railway Co.
New York Supreme Court
Appeal from, a judgment on report of referees. ' Action by Walter L. Kane, Delaneev Astor Kane, and others against the Manhattan Railway Company and another to recover for damages to real estate. On trial by three referees, judgment was rendered for plaintiffs. Defendants appeal.
1Opinion of the CourtBarrett, J.
This is one of the actions against these defendants commonly known as “land-damage actions.” It presents but little that is new. The defendants claim that the referees erred in their award as to the injury to the fee value of the plaintiffs’ easements. An examination of the record, however, shows that the report on this head was fully supported by the evidence. It also appears that a stipulation was entered into between the parties that the referees might view the property, and observe the obstruction and operation of the elevated railway in front of the plaintiffs’ premises, and the effect…
2Cases cited5 opinions
- Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
- Suarez v. Manhattan Railway Co.New York Supreme Court · 1891
- Conkling v. Manhattan Railway Co.New York Supreme Court · 1890