Klipstein v. New York Elevated Railroad

Superior Court of New York

Klipstein v. New York Elevated Railroad

28 N.Y.S. 683, 8 Misc. 457

The Superior Court of the City of New York and Buffalo·Decided May 9, 1894·Published

Opinion

DUGRO, J.

The only question on this appeal is whether it was error to refuse a jury trial of the question of past damages, these damages having been obtained by the plaintiff through assignment. The principles stated in the cases of Shepard v. Railway Co., 117 N. Y. 442, 23 N. E. 30, and Hunter v. Same (N. Y. App.) 36 N. E. 400, when applied to the question, necessarilv lead to an affirmance. Judgment affirmed, with costs.

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DUGRO, J.

The only question on this appeal is whether it was error to refuse a jury trial of the question of past damages, these damages having been obtained by the plaintiff through assignment. The principles stated in the cases of Shepard v. Railway Co., 117 N. Y. 442, 23 N. E. 30, and Hunter v. Same (N. Y. App.) 36 N. E. 400, when applied to the question, necessarilv lead to an affirmance. Judgment affirmed, with costs.

Klipstein v. New York Elevated Railroad, 28 N.Y.S. 683, 8 Misc. 457 (superctny 1894).

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28 N.Y.S. 683 (Klipstein v. New York Elevated Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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