Logeling v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of June, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also front an order entered in said clerk’s office on the 21st day of June, 1895, denying the defendants’ motion for a new trial made upon the minutes, with notice of…
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Appeal by the defendants, The New York Elevated Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of June, 1895, upon the verdict of a jury rendered after a trial at the New York Circuit, and also front an order entered in said clerk’s office on the 21st day of June, 1895, denying the defendants’ motion for a new trial made upon the minutes, with notice of an intention to bring up for review on such appeal an order entered in said clerk’s office on the 3d day of April,…
1Opinion of the Court
Barrett, J.:
This action differs from the actions usually brought by abutting owners against the elevated railroad companies in that it is an ordinary action at law for damages alleged to have been sustained by the plaintiff by reason of the construction and operation of the defendants’ railroad in front of his premises, No. 19 Bowery, in this city.
The defendants’ contention, that the damages awarded by the jury were greater than the proofs warranted, is wholly without merit. We entirely agree with the plaintiff that the damages were inadequate, and if he had appealed we would not have…
2Cited by6 opinions
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- Pithan v. WanglerSouth Dakota Supreme Court · 1912
- Applebaum v. BonagurAppellate Terms of the Supreme Court of New York · 1907
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