Cheever v. Gilbert Elevated Railway Co.

The Superior Court of New York City

Cheever v. Gilbert Elevated Railway Co.

11 Jones & S. 478

CourtThe Superior Court of New York City

DecidedMarch 4, 1878

StatusPublished

This text of 11 Jones & S. 478 (Cheever v. Gilbert Elevated Railway Co.) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cheever v. Gilbert Elevated Railway Co., 11 Jones & S. 478 (N.Y. Super. Ct. 1878).

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Opinion

Br the Court.—Freedman, J.

—The facts found by the referee are fully sustained by the evidence, and upon them the merits of the case would be wholly with the plaintiff, if the statute (1 Rev. Stat. 603, § 4) did not apply. A careful examination of the reasons. assigned, and authorities cited by the referee in support of the disposition he made of the case, has satisfied me, however, that he was correct in the construction which he placed upon the statute, and in the conclusions at which he thereupon arrived. Being unable to discover any error in the findings of fact or of law, or the refusals to find as requested, I am of the opinion that the judgment appealed from should be affirmed with costs.

Curtis, Ch. J., and Sedgwick, J., concurred.

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Br the Court.—Freedman, J.

—The facts found by the referee are fully sustained by the evidence, and upon them the merits of the case would be wholly with the plaintiff, if the statute (1 Rev. Stat. 603, § 4) did not apply. A careful examination of the reasons. assigned, and authorities cited by the referee in support of the disposition he made of the case, has satisfied me, however, that he was correct in the construction which he placed upon the statute, and in the conclusions at which he thereupon arrived. Being unable to discover any error in the findings of fact or of law, or the refusals to find as requested, I am of the opinion that the judgment appealed from should be affirmed with costs.

Curtis, Ch. J., and Sedgwick, J., concurred.

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Bluebook (online)

11 Jones & S. 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheever-v-gilbert-elevated-railway-co-nysuperctnyc-1878.