Legal Opinion

Robinson v. New York Elevated Railroad

New York Court of Appeals

Decided June 2, 1903PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1902, affirming a judgment in favor of plaintiffs entered upon a decision of the court’on trial at Special Term. The facts, so far as material, are stated in the opinion. The court below erred in admitting incompetent evidence over the objections of the defendants.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1902, affirming a judgment in favor of plaintiffs entered upon a decision of the court’on trial at Special Term. The facts, so far as material, are stated in the opinion. The court below erred in admitting incompetent evidence over the objections of the defendants. (Matter of Thompson, 127 N. Y. 463; Jamieson v. K. C. E. R. R. Co., 147 N. Y. 325; Witmark v. N. Y. El. R. R. Co., 149 N. Y. 393; Gutman v. Ry. Co., 91 Hun, 642; Winters v. Ry. Co., 15 Misc. Rep. 8; Boetzkes v.…

1Opinion of the CourtBartlett, J.

This is the usual elevated railroad case to recover fee and rental damages, and under the unanimous decision the defendant railway companies are confined to the argument of legal errors duly raised b) exceptions.

The counsel for the appellants insists that the learned trial judge admitted, over objection and exception, evidence regarding sales and rentals of specific pieces of property on Pearl street other than the premises in suit, in violation of the rule laid down by this court in the case of Jamieson v. Kings County Elevated Railway Co. (147 N. Y. 322, 325). Judge Finch there said: “The…

2Cases cited8 opinions

  1. Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
  2. Huntington v. . AttrillNew York Court of Appeals · 1890
  3. In Re the Petition of ThompsonNew York Court of Appeals · 1891
  4. Witmark v. New York Elevated RailroadNew York Court of Appeals · 1896
  5. Blashfield v. Empire State TelephoneNew York Court of Appeals · 1895

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3Cited by22 opinions

  1. Plaza Hotel Associates v. Wellington Associates, Inc.New York Court of Appeals · 1975
  2. Westchester County Park Commission v. United StatesCourt of Appeals for the Second Circuit · 1944
  3. United States v. Delano Park Homes, Inc.Court of Appeals for the Second Circuit · 1944
  4. Village of Lawrence v. GreenwoodNew York Court of Appeals · 1949
  5. In Re Port of New York AuthorityNew Jersey Superior Court Appellate Division · 1953

17 more not listed; retrieve them via the Exa API.

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