Knapp v. New York Elevated Railroad
The Superior Court of New York City
Appeal by defendants, the railroad companies, from a judgment entered upon the report of a referee. This action was commenced on April 2, 1889, by Shepard Knapp, as trustee for Andrew S. Hamersley, to restrain the operation of the elevated railroad of the defendants-appellants herein in front of No. 116 Pearl street, in this city, and for damages sustained by reason of the construction and operation of said railroad in front of said premises.
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Appeal by defendants, the railroad companies, from a judgment entered upon the report of a referee. This action was commenced on April 2, 1889, by Shepard Knapp, as trustee for Andrew S. Hamersley, to restrain the operation of the elevated railroad of the defendants-appellants herein in front of No. 116 Pearl street, in this city, and for damages sustained by reason of the construction and operation of said railroad in front of said premises. The case was tried before a referee, who rendered judgment in favor of the plaintiff, Shepard Knapp, as trustee, and also in favor of the…
1Opinion of the CourtGildersleeve, J.
learned counsel for - the defendants-appellants challenge the judgment, and assign numerous errors, each of which they claim calls for a reversal. We will take up such objections as seem to call for discussion in the order in which they are presented for our consideration in the able brief of the counsel for defendants-appellants.
Mrst It is claimed that “ the amount fixed by the referee as-past damages is excessive and unjust, and altogether unsupported by legal evidence.”
The premises in question are at Hanover square, on the southerly side of Pearl street, near Old Slip, and are twenty-four…
2Cases cited3 opinions
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
- Herrington v. . RobertsonNew York Court of Appeals · 1877
- Bach v. New York Elevated Railway Co.New York Supreme Court · 1891