Kissam v. Brooklyn El. Railroad

New York Supreme Court

Kissam v. Brooklyn El. Railroad

33 N.Y.S. 740, 86 Hun 598, 93 N.Y. Sup. Ct. 598, 67 N.Y. St. Rep. 562

DecidedMay 13, 1895

StatusPublished

This text of 33 N.Y.S. 740 (Kissam v. Brooklyn El. Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kissam v. Brooklyn El. Railroad, 33 N.Y.S. 740, 86 Hun 598, 93 N.Y. Sup. Ct. 598, 67 N.Y. St. Rep. 562 (N.Y. Super. Ct. 1895).

Pincite

Opinion

BROWN, P. J.

The findings of the trial court upon the question of value are not without support in the testimony, and we . cannot .say that the proof preponderated in favor of a contrary' result. While the plaintiff’s case is not a strong one, we are of the opinion [741]*741that the conclusions of fact must stand." None of the exceptions taken require a reversal of the judgment. The judgment is, however, defective in form, and must be modified so as to provide that the plaintiff, upon receiving the amounts adjudged as damages, shall execute and deliver to the defendants a release of the easement claimed to be injured, and a release of any mortgage or other lien .that may exist thereon. So modified, the judgment must be affirmed, without costs. All concur.

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BROWN, P. J.

The findings of the trial court upon the question of value are not without support in the testimony, and we . cannot .say that the proof preponderated in favor of a contrary' result. While the plaintiff’s case is not a strong one, we are of the opinion [741]*741that the conclusions of fact must stand." None of the exceptions taken require a reversal of the judgment. The judgment is, however, defective in form, and must be modified so as to provide that the plaintiff, upon receiving the amounts adjudged as damages, shall execute and deliver to the defendants a release of the easement claimed to be injured, and a release of any mortgage or other lien .that may exist thereon. So modified, the judgment must be affirmed, without costs. All concur.

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Bluebook (online)

33 N.Y.S. 740, 86 Hun 598, 93 N.Y. Sup. Ct. 598, 67 N.Y. St. Rep. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kissam-v-brooklyn-el-railroad-nysupct-1895.