McGean v. Metropolitan Elevated Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from equity term. Action by James H. McGean, as executor and trustee under the last will and testament of Delia Powers, deceased, against the Metropolitan Elevated Railway Company and the Manhattan Railway Company.for'damages caused by the construction and operation of defendants’ elevated railroad, and for an injunction. The finding at folio 87, referred to in the opinion, is one of the conclusions of law, and is as follows: “Sixth.
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Appeal from equity term. Action by James H. McGean, as executor and trustee under the last will and testament of Delia Powers, deceased, against the Metropolitan Elevated Railway Company and the Manhattan Railway Company.for'damages caused by the construction and operation of defendants’ elevated railroad, and for an injunction. The finding at folio 87, referred to in the opinion, is one of the conclusions of law, and is as follows: “Sixth. The plaintiff does not own, and has never owned, in fee, any portion of the bed of Division street in front of the property described in the complaint.”…
1Per curiam
The findings at folios 87 and 104 are so nant to each other as to evidence an oversight on the part of the trial judge, to which his attention should be called before a decision of the appeal. Pappenheim v. Railway Co., 7 N. Y. Supp. 679. The matter will therefore be remanded to the trial judge for such action as he deems proper, (see Bohlen v. Railway Co., 121 N. Y. 546, 24 N. E. Rep. 932;) and the decision of the appeal will be reserved until the action of the trial judge is officially made known to the general term.
2Cases cited2 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Pappenheim v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1889