Legal Opinion · Dissent

Roberts v. New York Elevated Railroad

New York Court of Appeals

Decided October 20, 1891Published

Appeal from judgment of the general term of the Mew York superior court, affirming judgment in favor of plaintiff.

1DissentGray, J.

(dissenting).—The errors presented by this record, and upon which the appellants insist as requiring the reversal of the judgments below, consist in the admission! by the trial court of certain evidence adduced by plaintiff to show that the mainte*nance and operation by defendants of the elevated railroad were damaging to his property rights. Witnesses were called, who were qualified to speak from business experience, from familiarity with the values of real property in the city of New York, and who professed to be skilled by reason of an especial study of the general effect upon abutting…

2Cases cited11 opinions

  1. Clark v. . BairdNew York Court of Appeals · 1853
  2. McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
  3. Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
  4. Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
  5. Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871

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