Myers v. Metropolitan El. Ry. Co.
New York Court of Common Pleas
Appeal from trial term. Action by Edward Myers against the Metropolitan Elevated Bail way Company and others to recover past damages sustained by reason of the erection, maintenance, and operation of defendants’ elevated railroad in front of plaintiff’s premises, No. 201 South Fifth avenue, in the city of New York. From a judgment for plaintiff, entered upon the verdict of a jury, defendants appeal. Affirmed. Argued before Boqkstaver and Bischoff, JJ.
1Opinion of the CourtBischoff, J.
The learned trial judge, against the objection of defendants’ counsel, admitted testimony for the plaintiff tending to show that, since the construction and operation of defendants’ elevated railroad on South Fifth avenue, the rental value of premises on the same street in the vicinity of plaintiff’s premises had been diminished, and the exceptions to the admission of this evidence are urged as presenting error which requires the reversal of the judgment appealed from. The evidence, however, was admissible, under the rulings made by the court of appeals. It was in respect to similar evidence…
2Cases cited2 opinions
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Doyle v. Manhattan Railway Co.New York Court of Appeals · 1891
3Cited by3 opinions
- Johnson v. New York El. R.New York Court of Common Pleas · 1891
- Colton v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1894
- Johnson v. New York Elevated RailroadNew York Court of Common Pleas · 1894