Lawrence v. Metropolitan Elevated Railway Co.
New York Court of Common Pleas
Appeal from special term. Action by Francis C. Lawrence against the Metropolitan Elevated Bailway Company and the Manhattan Bailway Company. Defendants appeal from a judgment for plaintiff entered on trial by the court without a jury. For former reports, see 8 N. Y. Supp. 326, 10 N. Y. Supp, 743.
1Opinion of the CourtPryor, J.
Appeal from a judgment in equity awarding an injunction, and damages for injury to plaintiff’s property. The action is to restrain the maintenance and operation of defendants’ railroad in the highway fronting plaintiff’s property; and, as incidental relief, for the loss already sustained by plaintiff from the depreciation in the rental value of that property occasioned by the presence and operation of defendants.’ railroad. The chief error alleged as ground for the reversal of the judgment is the admission of incompetent evidence, namely, proof of an offer for the property as evidence of its…
2Cases cited19 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Knapp v. . BrownNew York Court of Appeals · 1871
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3Cited by2 opinions
- Minto v. BaurNew York Supreme Court · 1889
- Rich v. New York Elevated RailroadNew York Court of Common Pleas · 1890