Murphy v. New York Elevated Railroad

Superior Court of New York

Murphy v. New York Elevated Railroad

28 N.Y.S. 1147

CourtThe Superior Court of the City of New York and Buffalo

DecidedApril 2, 1894

StatusPublished

This text of 28 N.Y.S. 1147 (Murphy 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

Murphy v. New York Elevated Railroad, 28 N.Y.S. 1147 (superctny 1894).

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Opinion

GILDERSLEEVE, J.

This is the usual action in equity by the owner of premises abutting upon the defendants’ elevated railroad to restrain the defendants from the further maintenance and operation thereof. Judgment was given at special term awarding past damages, the price of the easements taken by the defendants fixed, and an alternative injunction granted. The questions of fact raised depended upon conflicting testimony. There is sufficient evidence in support of plaintiffs’ contention to sustain the conclusions reached by the learned court at special term, and with such conclusions the general term will not interfere. The trial court was manifestly guided by correct principles of law, and properly applied them. The exceptions to rulings upon questions of evidence are unassailable. We find no valid objection to the judgment. The judgment appealed from must be affirmed, with costs.

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GILDERSLEEVE, J.

This is the usual action in equity by the owner of premises abutting upon the defendants’ elevated railroad to restrain the defendants from the further maintenance and operation thereof. Judgment was given at special term awarding past damages, the price of the easements taken by the defendants fixed, and an alternative injunction granted. The questions of fact raised depended upon conflicting testimony. There is sufficient evidence in support of plaintiffs’ contention to sustain the conclusions reached by the learned court at special term, and with such conclusions the general term will not interfere. The trial court was manifestly guided by correct principles of law, and properly applied them. The exceptions to rulings upon questions of evidence are unassailable. We find no valid objection to the judgment. The judgment appealed from must be affirmed, with costs.

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Bluebook (online)

28 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-new-york-elevated-railroad-superctny-1894.