Johnston v. New York Elevated Railroad

Superior Court of New York

Johnston v. New York Elevated Railroad

17 N.Y.S. 953, 1892 N.Y. Misc. LEXIS 618

CourtThe Superior Court of the City of New York and Buffalo

DecidedJanuary 11, 1892

StatusPublished

This text of 17 N.Y.S. 953 (Johnston 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

Johnston v. New York Elevated Railroad, 17 N.Y.S. 953, 1892 N.Y. Misc. LEXIS 618 (superctny 1892).

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Opinion

Gildersleeve, J.

The judgment restrains the defendants from maintaining their elevated railroad in front of the plaintiff’s premises, known as “Hos. 231, 233, and 235 Pearl street,” in the city of Hew York, unless the defendants, within a time specified, pay to the plaintiff $8,000 for a release of the easements; and it awards to the plaintiff $7,500 damages, besides $1,001.61 costs. The evidence satisfactorily sustains the findings of the court below, and justifies the judgment rendered. Hoerrors werecommitted during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

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Gildersleeve, J.

The judgment restrains the defendants from maintaining their elevated railroad in front of the plaintiff’s premises, known as “Hos. 231, 233, and 235 Pearl street,” in the city of Hew York, unless the defendants, within a time specified, pay to the plaintiff $8,000 for a release of the easements; and it awards to the plaintiff $7,500 damages, besides $1,001.61 costs. The evidence satisfactorily sustains the findings of the court below, and justifies the judgment rendered. Hoerrors werecommitted during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

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Bluebook (online)

17 N.Y.S. 953, 1892 N.Y. Misc. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-new-york-elevated-railroad-superctny-1892.