Colton v. N. Y. Elevated Railroad
New York Court of Common Pleas
Trial by-the court without a jury. The action is brought by Charles H. Colton and another against the N. Y. Elevated R. R. Co. and another, to obtain an injunction against the maintenance and operation of defendants’ elevated railway in a street in front 01 plaintiffs’ premises, and for the damages caused thereby.
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Trial by-the court without a jury. The action is brought by Charles H. Colton and another against the N. Y. Elevated R. R. Co. and another, to obtain an injunction against the maintenance and operation of defendants’ elevated railway in a street in front 01 plaintiffs’ premises, and for the damages caused thereby. Upon the trial at special term, plaintiffs’ counsel put to an expert witness under direct examination, questions calling for the value of premises other than those in respect of which the action was brought, but in the immediate vicinity, as tending to show the value of the premises…
1Opinion of the CourtBischoff, J.
Under the ruling .of the court of appeals in Matter of Thompson (127 N. Y. 463), I shall feel bound to reject evidence of the prices paid upon actual rentals and sales of particular premises, other than the premises in suit, when it is offered, except on cross-examination. Though the case referred to holds specifically only that the prices paid upon sales of particular premises, other than the premises in suit, though in'the immediate vicinity, furnish no rational criterion by which to determine the value of the last mentioned premises, I am unable, upon reflection, to discover any sufficient…
2Cases cited41 opinions
- Spring Valley Water Works v. DrinkhouseCalifornia Supreme Court · 1891
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Cent. Pac. R.R. v. PearsonCalifornia Supreme Court · 1868
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Clark v. . BairdNew York Court of Appeals · 1853
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