Lahr v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Oourt of Common Pleas in and for the city and county of ¡New York, entered upon an order made January 4, 1886, which affirmed a -judgment in favor of plaintiff, entered on a verdict and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Oourt of Common Pleas in and for the city and county of ¡New York, entered upon an order made January 4, 1886, which affirmed a -judgment in favor of plaintiff, entered on a verdict and affirming an order denying a motion for a new trial. This action was brought to recover ' damages to plaintiff’s premises abutting on Amity street in the city of ¡New York, alleged to have been caused by the construction and maintenance of an elevated railroad over said street. Amity street was laid out and opened in 1823, under the act of 1813, and the various…
1Opinion of the Court
Ruger, Ch. J.
This action is the sequel of the Story Case (Story v. N. Y. El. R. R. Co., 90 N. Y. 122), and its defense seems to have been conducted, upon the theory of securing a re-examination of the questions then decided, and in case that effort should prove fruitless, of limiting and restricting as much as possible, their logical effect.
The endeavor to secure a re-examination of the doctrines of that case must fail, since the decision there made embodied the deliberate judgment of the court, pronounced after the most careful and thorough consideration, and after two arguments at the bar,…
2Cases cited10 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Rexford v. . KnightNew York Court of Appeals · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Adams v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1888
- Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
133 more not listed; retrieve them via the Exa API.