Colton v. New York Elevated Railroad
New York Court of Common Pleas
Action by Charles H. Colton and others against the New York Elevated Railroad Company and another for an injunction and damages caused by the taking of easements by defendant’s elevated railway.
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Action by Charles H. Colton and others against the New York Elevated Railroad Company and another for an injunction and damages caused by the taking of easements by defendant’s elevated railway. Upon the trial of this action at the February special term, before Mr. Justice BISGHOFF, certain questions were asked by plaintiffs’ counsel of an expert witness as to the fee and rental value of premises along East Thirty-Fourth street, where the property in suit was located, other than the premises in suit. This evidence was objected to on the part of the defendants “on the ground that an estimate…
1Opinion of the CourtBischoff, J.
Under the ruling of the court of appeals in Re Thompson, 127 N. Y. 463, 28 N. E. 389, 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…
2Cases cited11 opinions
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Clark v. . BairdNew York Court of Appeals · 1853
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
- People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886
- Blanchard v. . N.J. Steamboat Co.New York Court of Appeals · 1874
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