Nueman v. New York Elevated Railroad

Superior Court of New York

Nueman v. New York Elevated Railroad

17 N.Y.S. 955, 1892 N.Y. Misc. LEXIS 625

CourtThe Superior Court of the City of New York and Buffalo

DecidedJanuary 11, 1892

StatusPublished

This text of 17 N.Y.S. 955 (Nueman 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

Nueman v. New York Elevated Railroad, 17 N.Y.S. 955, 1892 N.Y. Misc. LEXIS 625 (superctny 1892).

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Opinion

Gildersleeve, J.

The judgment restrains and enjoins the defendants from the further maintenance and operation of their elevated railroad in front of plaintiff’s premises, No. 985 Third avenue, in the city of New York, but provides that if the defendants shall pay or tender to the plaintiff, within a [956]*956time specified by the judgment, the sum of $2,500, with interest thereon from October 20, 1890, the day the action came on to be tried, as and for payment of the value of 'the easements appurtenant to plaintiff’s said premises, and accept a grant or conveyance of such easements, duly executed by the plaintiff and by all persons holding mortgages on said premises, no injunction shall issue. It also awards to plaintiff the sum of $2,044.62, as and for past damages, together with $232.49, costs and disbursements. We are of opinion that the preponderance of evidefiee sustains the findings of the court below, and justifies the judgment. The case seems to have been carefully tried, and we find no error in the rulings that would warrant a reversal. Judgment appealed from is affirmed, with costs.

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Gildersleeve, J.

The judgment restrains and enjoins the defendants from the further maintenance and operation of their elevated railroad in front of plaintiff’s premises, No. 985 Third avenue, in the city of New York, but provides that if the defendants shall pay or tender to the plaintiff, within a [956]*956time specified by the judgment, the sum of $2,500, with interest thereon from October 20, 1890, the day the action came on to be tried, as and for payment of the value of 'the easements appurtenant to plaintiff’s said premises, and accept a grant or conveyance of such easements, duly executed by the plaintiff and by all persons holding mortgages on said premises, no injunction shall issue. It also awards to plaintiff the sum of $2,044.62, as and for past damages, together with $232.49, costs and disbursements. We are of opinion that the preponderance of evidefiee sustains the findings of the court below, and justifies the judgment. The case seems to have been carefully tried, and we find no error in the rulings that would warrant a reversal. Judgment appealed from is affirmed, with costs.

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Bluebook (online)

17 N.Y.S. 955, 1892 N.Y. Misc. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nueman-v-new-york-elevated-railroad-superctny-1892.