Ottinger v. New York Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by Marx Ottinger and another against the New York Elevated Railway Company and another. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
It is claimed by the appellants that the amount awarded as past damages and permanent damages is excessive, and not warranted by the evidence. An examination of the evidence in the ease does not show that the defendants have been unjustly treated by the allowances which have been made in respect to the amount of damages to annual rental, or the permanent damages which have been allowed. In fact, such allowance seems to have been reasonable, and there is no ground of complaint. The learned judge, however, seems to have fallen into an error in respect to the allowance of interest. Five hundred…
2Cases cited2 opinions
- Hine v. New York Elevated RailroadNew York Supreme Court · 1891
- Macy v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890