Cook v. New York Elevated Railroad
New York Court of Appeals
Appeal from order of the General Term of the Court of ■Common Pleas for the city and county of ETew York, entered upon an order made April 10, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and ordered a new trial. The nature of the action and the facts, so far as material, •are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Court of ■Common Pleas for the city and county of ETew York, entered upon an order made April 10, 1893, which reversed a judgment in favor of plaintiff entered upon the report of a referee and ordered a new trial. The nature of the action and the facts, so far as material, •are stated in the opinion. This court will Teview the facts and will affirm the judgment entered upon the report of the referee, and reverse the judgment of the General Term unless the referee’s findings are unsupported hy any evidence, or clearly against the weight of evidence.…
1Opinion of the CourtBabtlett, J.
This is an appeal from the order of the Court of Common Pleas for the city and county of Hew York reversing a judgment for plaintiff, entered upon the report of a referee and ordering a new trial. The plaintiff gives the usual stipulation. The reversal was upon questions of law and fact. ■
This action was brought for an injunction against the maintenance and operation of the elevated railroad in front of the plaintiffs premises Eo. 239 East Thirty-fourth street, between Second and Third avenues, in the city of Eew- York, and asked damages for the past trespass of the defendants.
The referee…
2Cases cited4 opinions
- Barnard v. . GantzNew York Court of Appeals · 1893
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Bookman v. . N.Y.E.R.R. Co.New York Court of Appeals · 1893
- Sixth Avenue Railroad v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
3Cited by26 opinions
- Goods v. Lackawanna Leather Co.s.New Jersey Superior Court Appellate Division · 1967
- Matter of City of New York (Exterior St.)New York Court of Appeals · 1941
- Gherardi v. Trenton Board of EducationNew Jersey Superior Court Appellate Division · 1958
- Foster v. . BookwalterNew York Court of Appeals · 1897
- City & County of Honolulu v. Bishop Trust Co.Hawaii Supreme Court · 1965
21 more not listed; retrieve them via the Exa API.