Shepard v. Manhattan Railway Co.
New York Court of Appeals
Cross-appeals from order of General Term of the. Superior Court of the city of Hew York made December 28, 1891, which affirmed an order at Special Term framing an issue for trial by jury in the above entitled action. The nature of the action and the facts, so far as material, are stated in the opinion. The provision of the Code (§ 970), as amended by the statute of 189.1, is not unconstitutional.
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Cross-appeals from order of General Term of the. Superior Court of the city of Hew York made December 28, 1891, which affirmed an order at Special Term framing an issue for trial by jury in the above entitled action. The nature of the action and the facts, so far as material, are stated in the opinion. The provision of the Code (§ 970), as amended by the statute of 189.1, is not unconstitutional. ( Vermilyea v. Palmer, 52 N. Y. 471; Phillips v. Gorman, 17 id. 270 ; Laws of 1874, chap. 312; Eno v. Mayor, etc., 7 Hun, 320 ; Lennon v. Mayor, etc., 55 N. Y. 361; Dolan v. Mayor, etc., 62 id. 472;…
1Opinion of the CourtGray, J.
This is one of the many actions brought to restrain the defendants from maintaining and operating their railway in front of the complainants’ premises, with an accompanying demand in the complaint for incidental relief by way of past damages. A motion was made by the defendants for an order directing the questions as to the value of property and as to damages, which the plaintiffs may be entitled to recover, to be distinctly stated for trial by a jury, pursuant to section 970 of the Code of Civil Procedure. The court, thereupon, made an order, which recited that the defendants were “ entitled…
2Cited by16 opinions
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- Wormser v. . BrownNew York Court of Appeals · 1896
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
- Rodgers v. EarleThe Superior Court of the City of New York and Buffalo · 1893
- Danziger v. Metropolitan El. Ry. Co.New York Supreme Court · 1894
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