Lazarus v. Metropolitan Elevated Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Metropolitan Elevated Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 21st day of November, 1894, upon the, report of a referee.
1Opinion of the Court
O’Brien, J.:
This is the usual suit in equity and lias been twice tried. On the first trial the referee gave the plaintiffs $2,500 per year rental damage and $30,000 as compensation for alleged impairment of the easements. The referee here gives $5,000 per year rental damage and $35,000 as compensation for easements. Ve thus have as the total amount of the first judgment, with costs, $50,507.68, as against an award of $83,416.51 in the judgment appealed from; or, expressing the award made per running foot, it would be under the first judgment $1,772.20, as against $2,979 fixed by the referee…
2Cited by4 opinions
- Comstock v. General Motors Corp.Michigan Supreme Court · 1959
- Shepard v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Lazarus v. Metropolitan El. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lazarus v. Metropolitan Elevated Railway Co. & Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897