Legal Opinion

Shady v.Metropolitan Elevated Railroad

The Superior Court of the City of New York and Buffalo

Decided January 29, 1892Published

Appeal from judgment on report of referee. Action by James H. Shady against the Metropolitan Elevated Railroad Company and the Manhattan Railway Company to restrain defendants from maintaining and operating an elevated railroad in front of plaintiff’s premises.

1Opinion of the CourtGildersleeve, J.

The judgment appealed from fixes the past damages at $435, awards the plaintiff $169.93, costs, and enjoins the defendants from maintaining their elevated railroad in front of the plaintiff’s premises No. 942 Sixth avenue, unless they pay the plaintiff $1,500, within the time specified, together with interest thereon from the date of the entry of judgment. The appellants urge that the awards are excessive, and not justified by the evidence. To prove this, their counsel has made an analysis showing the rental value of the property in question, and also the difference in value of other property…

2Cases cited3 opinions

  1. Sperb v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
  2. Suarez v. Manhattan Railway Co.New York Supreme Court · 1891
  3. Hine v. New York Elevated RailroadNew York Supreme Court · 1891

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