Legal Opinion

Huggins v. Manhattan Railway

New York Court of Common Pleas

Decided November 7, 1892Published

Appeal from trial term. Action by John P. Huggins and others against the Manhattan Bail way Company for damages from the maintenance and operation of an elevated railroad in front of plaintiffs’ premises. From a judgment entered on a verdict for plaintiffs, and from an order denying a new trial, defendant appeals. Beversed.

1Opinion of the CourtPryor, J.

The appellant impeaches the judgment for error in the charge and in the admission of evidence, but, as we are of the opinion that the first ground of reversal is sufficient, the second may be dismissed from consideration.

The quantum of damage sustained by plaintiffs from the invasion and appropriation of their easements in the street by defendant’s railroad was the subject of strenuous controversy between the parties, and was submitted to-the judgment of the jury upon evidence of an extremely uncertain and indeterminate character. Obviously, therefore, it was of capital importance to a…

2Cases cited4 opinions

  1. Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
  2. Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
  3. Becker v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
  4. Welsh v. New York Elevated RailroadNew York Court of Common Pleas · 1891

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