McHugh v. New York El. R.
New York Supreme Court
Appeal from judgment on report of referee. Action by John J. McHugh against the New York Elevated Railroad Company and the Manhattan Railway Company to recover damages sustained by reason of the construction and operation by the defendants of lines of railway over and upon a public street in front of plaintiff’s premises. From a judgment in favor of plaintiff on the report of a referee, both parties appeal.
1Opinion of the CourtVan Brunt, P. J.
The defendants appeal from the whole judgment, and the plaintiff appeals from that part of the judgment which only allowed $63.33 rental damages, it being claimed that the referee erred in limiting the rental damages to such as accrued prior to the commencement of the action. We see no reason for interfering .with the judgment appealed from. There was evidence more than sufficient to support the conclusions arrived at by the . referee. It is true that it is claimed that the precise method by which the referee arrived at the amount of rental damages cannot be determined from the evidence. But,…
2Cited by2 opinions
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