Legal Opinion

Livingston v. Manhattan Railway Co.

The Superior Court of New York City

Decided December 15, 1891Published

Appeal from an order denying a motion to vacate and set aside the report of a referee and to have the case sent back to the referee, so that he might include in his report all facts found by him and conclusions of law. The further facts are fully stated in the opinion.

1Opinion of the CourtFreedman, J.

In each of the above entitled actions the defendants moved that the report of. the referee be vacated and set aside, and that the action be sent back to the referee and that he be directed to make a report including all of the facts found by him and all the conclusions of law found thereon. The motions were denied and the defendants appealed.

Each of these actions was the usual action by an abutting owner for an injunction and for damages by reason of the construction, maintenance and operation of an elevated railroad in front of such owner’s premises.

By consent of the parties the actions were…

2Cases cited6 opinions

  1. Pollock v. . PollockNew York Court of Appeals · 1877
  2. Green v. . RoworthNew York Court of Appeals · 1889
  3. Gormerly v. . McGlynnNew York Court of Appeals · 1881
  4. Rogers v. . WheelerNew York Court of Appeals · 1873
  5. Nobis v. PollockNew York Supreme Court · 1889

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