Sperb v. Metropolitan Elevated Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 12, 1891, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 12, 1891, which reversed a judgment in favor of plaintiff, entered upon the report of a referee and ordered a new trial. This action was brought to enjoin the further maintenance and operation of the defendants’ elevated railroad in front of the plaintiff’s premises, Bo. 143 West Fifty-third street, in the city of Bew York, and to recover such damages as plaintiff had sustained in consequence of such maintenance and operation. The judgment entered upon the report of a…
1Opinion of the CourtGray, J.
The only point, which is presented to us upon this appeal, is as to the correctness of the refusal by the referee to make the following findings when requested by the defendants:
“ Fifteenth: The sum fixed which the defendants may pay in order to obviate the injunction herein should not be greater than a sum necessary to compensate the plaintiff for the perpetual maintenance of the defendants’ elevated railway structure a/nd exclusive of the damages caused by the running of trains thereon.
“ Refused.—W. H. W., Ref.
“ Sixteenth: The value of so much of the plaintiff’s easements as are taken by…
2Cases cited6 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Kernochan v. . N.Y.E.R.R. Co.New York Court of Appeals · 1891
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- In Re the Estate of GilbertNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Kernochan v. . Manhattan Railway Co.New York Court of Appeals · 1900
- Dean v. Southern Ry. Co. in MississippiMississippi Supreme Court · 1916
- Reisert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Roman Catholic Church of St. Anthony of Padua v. Pennsylvania R.Court of Appeals for the Third Circuit · 1913
6 more not listed; retrieve them via the Exa API.