Esper v. New York Elecated Railroad

The Superior Court of New York City

Esper v. New York Elecated Railroad

42 N.Y. St. Rep. 959

CourtThe Superior Court of New York City

DecidedJanuary 11, 1892

StatusPublished

This text of 42 N.Y. St. Rep. 959 (Esper v. New York Elecated Railroad) 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

Esper v. New York Elecated Railroad, 42 N.Y. St. Rep. 959 (N.Y. Super. Ct. 1892).

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Opinion

Gildersleeve, J.

The judgment restrains the defendants from maintaining and operating their elevated railroad in front of the plaintiff’s premises, No. 987 Third avenue, in the City of New York, unless the defendants shall pay or tender to the plaintiff, within a time fixed by the judgment, the sum of §2,850, with interest thereon from October 20th, 1890, the day the action came on to be tried, as payment for the easements appurtenant to said premises, and accept a grant or conveyance of such easements, duly executed by the plaintiff and by all persons holding mortgages on said premises. It also awards to the plaintiff the sum of $2,249.04, for past damages, together with $283.29, for costs and disbursements.

We find no error in the rulings of the court below that call for a reversal of the judgment; and the evidence sustains the findings of the court below, and justifies the judgment rendered.

For these reasons the judgment appealed from is affirmed, with costs.

Freedman and McAdam, JJ., concur.

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Gildersleeve, J.

The judgment restrains the defendants from maintaining and operating their elevated railroad in front of the plaintiff’s premises, No. 987 Third avenue, in the City of New York, unless the defendants shall pay or tender to the plaintiff, within a time fixed by the judgment, the sum of §2,850, with interest thereon from October 20th, 1890, the day the action came on to be tried, as payment for the easements appurtenant to said premises, and accept a grant or conveyance of such easements, duly executed by the plaintiff and by all persons holding mortgages on said premises. It also awards to the plaintiff the sum of $2,249.04, for past damages, together with $283.29, for costs and disbursements.

We find no error in the rulings of the court below that call for a reversal of the judgment; and the evidence sustains the findings of the court below, and justifies the judgment rendered.

For these reasons the judgment appealed from is affirmed, with costs.

Freedman and McAdam, JJ., concur.

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Bluebook (online)

42 N.Y. St. Rep. 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esper-v-new-york-elecated-railroad-nysuperctnyc-1892.