Jones v. Metropolitan Elevated Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by James H. Jones against the Metropolitan Elevated Railway Company and others. From a judgment in favor of defendants entered on a verdict for plaintiff for six cents damages, from an order denying plaintiff’s motion for a new trial on the ground that the verdict was for insufficient damages,'and from an order refusing to allow plaintiff the costs of the action, plaintiff appeals. Code Civil Proc.
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Appeal from jury term. Action by James H. Jones against the Metropolitan Elevated Railway Company and others. From a judgment in favor of defendants entered on a verdict for plaintiff for six cents damages, from an order denying plaintiff’s motion for a new trial on the ground that the verdict was for insufficient damages,'and from an order refusing to allow plaintiff the costs of the action, plaintiff appeals. Code Civil Proc. N. Y. § 3228, provides that “the plaintiff is entitled to costs of course upon the rendering of a final judgment in his favor in either of the following actions: ‘ (1)…
1Per curiam
So far as a judgment may be affected for error upon the trial there is no reason for reversal. The damages given by the jury were, according to the testimony, insufficient, and the plaintiff was entitled to a new' trial upon his motion. Section 999, Code Civil Proc. The action was for damages to the rental value of plaintiff’s house, caused by the' building and operation of defendants’ railw'ay along that house. The evidence in behalf of plaintiff was not contradicted. The defendants called no witnesses. The structure was about 40 feet wide, with three tracks and a track-walk on each side. It…
2Cases cited1 opinion
- Robbins v. Hudson River RailroadThe Superior Court of New York City · 1860
3Cited by2 opinions
- Alger v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1891
- Alger v. New York Elevated RailroadThe Superior Court of New York City · 1891