Legal Opinion

Scott v. Metropolitan Elevated Railway Co.

The Superior Court of New York City

Decided January 15, 1893Published

Appeal from a judgment of the Trial Term of the Superior Court of the City of New York entered upon a verdict of a jury, and from an order denying a motion for a new trial. The action was brought by William H. Scott, as executor of William H. Scott, deceased, against the Metropolitan Elevated Railway Co. and the Manhattan Railway Co., to recover damages for the maintainance and operation of an elevated railway in a street in front of the premises of plaintiff’s testator.

Read the full summary

Appeal from a judgment of the Trial Term of the Superior Court of the City of New York entered upon a verdict of a jury, and from an order denying a motion for a new trial. The action was brought by William H. Scott, as executor of William H. Scott, deceased, against the Metropolitan Elevated Railway Co. and the Manhattan Railway Co., to recover damages for the maintainance and operation of an elevated railway in a street in front of the premises of plaintiff’s testator. The further facts are fully stated in the opinion.

1Opinion of the CourtGildersleeve, J.

This is an appeal from a judgment entered on the verdict of a jury in favor of plaintiff for the *437sum of $5,722.87 damage's and costs. The action was brought to recover damages for injury done to premises No. 36 Murray street by the maintenance and operation of defendants’ elevated railroad.

The only exception taken by the. appellants’ counsel to the admission or exclusion of evidence that calls for any discussion was to the ruling of the learned trial judge in allowing the former tenant to testify as to the motives which influenced him in moving away from the premises. The question objected to…

2Cases cited32 opinions

  1. Tooley v. . BaconNew York Court of Appeals · 1877
  2. Day v. . RothNew York Court of Appeals · 1858
  3. Bergmann v. . JonesNew York Court of Appeals · 1883
  4. McKown v. . HunterNew York Court of Appeals · 1864
  5. Ward v. . KilpatrickNew York Court of Appeals · 1881

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API