Sternberger v. Metropolitan Elevated Railway
New York Court of Common Pleas
Appeal from trial term. Action for damages by Maurice M. Sternberger and Simon Sternberger, individually, and as executors of and trustees under the will of Mayer Sti-rnbergi-r, deceased, and others, against the Metropolitan Elevated Railway Company and the Manhattan Railway Company. Judgment for plaintiffs. Defendants appeal. Affirmed.
1Opinion of the CourtPryor, J.
The appellants concede that “the record presents a sharp conflict of evidence on the question of the amount of damages;” and this being so, we are not authorized to set aside the verdict on the ground that it is excessive. Betjeman v. Railroad Co., 20 N. Y. Supp. 628, (decision of this court at the November term ) Still the appellants contend that the j udgment is avoided by error in the exclusion of evidence.
1. This question was propounded to a witness by the defendants: “From 1878 to the present time, how many new buildings were erected in South Fifth street?” the locality of plaintiff’s…
2Cases cited2 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Betjeman v. New York Elevated RailroadNew York Court of Common Pleas · 1892
3Cited by1 opinion
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893