Lindheim v. New York Elevated Railroad

New York Court of Common Pleas

Lindheim v. New York Elevated Railroad

5 Misc. 585

DecidedJuly 1, 1893

StatusPublished

This text of 5 Misc. 585 (Lindheim v. New York Elevated Railroad) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lindheim v. New York Elevated Railroad, 5 Misc. 585 (N.Y. Super. Ct. 1893).

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Opinion

Per Curiam.

Neither the amount of past damages awarded, nor the sum fixed by the referee as compensation for damage to the fee, upon payment of which the injunction directed to issue is to become inoperative, appears to be excessive. The evidence is identical with that in the Struthers case, and affects the next adjoining premises. The grounds urged for reversal on this appeal do not differ from those already considered and held by us to be invalid. Struthers v. N. Y. Elev. R. R. Co. et al., ante, page 239.

Judgment affirmed, with costs.

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Per Curiam.

Neither the amount of past damages awarded, nor the sum fixed by the referee as compensation for damage to the fee, upon payment of which the injunction directed to issue is to become inoperative, appears to be excessive. The evidence is identical with that in the Struthers case, and affects the next adjoining premises. The grounds urged for reversal on this appeal do not differ from those already considered and held by us to be invalid. Struthers v. N. Y. Elev. R. R. Co. et al., ante, page 239.

Judgment affirmed, with costs.

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Bluebook (online)

5 Misc. 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindheim-v-new-york-elevated-railroad-nyctcompl-1893.