Lawrence v. Metropolitan Elevated Railway Co.
New York Court of Common Pleas
Motion for rehearing. For former report, see 8 2í. Y. Supp. 326. Action by Francis C. Lawrence against the Metropolitan Elevated Bailway Company and another to recover damages caused by the operation of defendant’s road in the street in front of plaintiff’s premises, and for an injunction against the operation of the road. Judgment was given for plaintiff, and defendants appeal.
1Opinion of the CourtBischoff, J.
The appeal herein was argued at the January general term, 1890, and reversal of the judgment was directed, (8 N. Y. Supp. 326;) the opinion of the chief justice, concurred in by all, being to the effect that alleged incompetent testimony concerningthe fee value of the premises affected by this action was admitted upon the trial. The respondent thereupon moved at the March general term for a reargument. A careful consideration of the briefs submitted upon the last-mentioned motion shows a probable error in directing a reversal of the judgment appealed from in its entirety. The admission of…
2Cases cited1 opinion
- Lawrence v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1890
3Cited by1 opinion
- First National Bank v. ParkSupreme Court of Iowa · 1902