Legal Opinion

Welsh v. Manhattan Elevated Railroad

The Superior Court of the City of New York and Buffalo

Decided January 6, 1890PublishedCited by 6 opinions

Appeal from special term. S. Charles Welsh, as surviving executor and trustee, etc., brought an action for trespass against the Manhattan Elevated Railroad Company and another. Plaintiff had judgment, and defendants appeal.

1Opinion of the CourtIngraham, J.

The court found as a fact that the trespass committed by the defendants has diminished the rental value of the plaintiff’s premises from the 16th day of March, 1882, to the time of the trial, and that the damages to the plaintiff for such diminution was "the sum of $5,198. This finding is sustained by the evidence, and justifies the conclusion of law that the plaintiff is entitled to judgment against the defendants for that sum. The court also found, at the request of the defendants, as follows: “Thirty-first. The evidence does not establish any definite amount of damage for which any…

2Cited by6 opinions

  1. Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
  2. Harrison v. RoarkArizona Supreme Court · 1926
  3. Welsh v. New York Elevated RailroadNew York Court of Common Pleas · 1891
  4. Lawrence v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1891
  5. Livingston v. Manhattan Railway Co.The Superior Court of New York City · 1891

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