Legal Opinion

Kahn v. New York Elevated Railroad

New York Court of Common Pleas

Decided February 5, 1894Published

Reargument. For decisions on the appeals, see 22 FT. Y. Supp. 793, 795. For orders granting rearguments, see 23 FT. Y. Supp. 1161, mem., and 25 FT. Y. Supp. 1137, mem.

1Opinion of the CourtBischoff, J.

As the evidence and exceptions in the above-entitled actions are substantially alike, these appeals were argued *340as one, and they are therefore disposed of by us in like manner. Upon the former argument the several judgments were directed to be reversed for a supposed material error of the referee in refusing to find, at the request of defendants’ counsel, that the easements in the street in front thereof and appurtenant to the land affected by these actions possessed only a nominal value apart from the land itself. This was upon the authority of the rulings in the Book-man and Sutro Cases,…

2Cases cited5 opinions

  1. People of the State of New York v. . BeachNew York Court of Appeals · 1882
  2. McCabe v. . BraytonNew York Court of Appeals · 1868
  3. Bookman v. . N.Y.E.R.R. Co.New York Court of Appeals · 1893
  4. Tuomey v. O'reilly, Skelly & Fogarty Co.New York Court of Common Pleas · 1893
  5. Kahn v. New York Elevated RailroadNew York Court of Common Pleas · 1893

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