Esper v. New York Elevated Railroad

Superior Court of New York

Esper v. New York Elevated Railroad

17 N.Y.S. 952, 1892 N.Y. Misc. LEXIS 617

CourtThe Superior Court of the City of New York and Buffalo

DecidedJanuary 11, 1892

StatusPublished

This text of 17 N.Y.S. 952 (Esper v. New York Elevated Railroad) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo 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 Elevated Railroad, 17 N.Y.S. 952, 1892 N.Y. Misc. LEXIS 617 (superctny 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, Yo. 987 Third avenue, in the city of Yew 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 20, 1890, the day the action carneen 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-[953]*953plaintiff, and by all persons holding, mortgages on said premises. It also awards to the plaintiff the sum oí $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.

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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, Yo. 987 Third avenue, in the city of Yew 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 20, 1890, the day the action carneen 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-[953]*953plaintiff, and by all persons holding, mortgages on said premises. It also awards to the plaintiff the sum oí $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.

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Bluebook (online)

17 N.Y.S. 952, 1892 N.Y. Misc. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esper-v-new-york-elevated-railroad-superctny-1892.