Phelps v. Metropolitan Elevated Railroad

Superior Court of New York

Phelps v. Metropolitan Elevated Railroad

17 N.Y.S. 956, 1892 N.Y. Misc. LEXIS 627

CourtThe Superior Court of the City of New York and Buffalo

DecidedJanuary 11, 1892

StatusPublished

This text of 17 N.Y.S. 956 (Phelps v. Metropolitan 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

Phelps v. Metropolitan Elevated Railroad, 17 N.Y.S. 956, 1892 N.Y. Misc. LEXIS 627 (superctny 1892).

Pincite

Opinion

McAdam, J.

The judgment restrains the defendants from maintaining the elevated railway structure in front of the premises known as “So. 94 Sixth Avenue, ” unless the defendants, within a time specified, pay the plaintiff $1,200 for a release of the easement, and $400 damages. The evidence satisfactorily sustains the findings of the referee, and warrants the judgment rendered. So errors were committed during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

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McAdam, J.

The judgment restrains the defendants from maintaining the elevated railway structure in front of the premises known as “So. 94 Sixth Avenue, ” unless the defendants, within a time specified, pay the plaintiff $1,200 for a release of the easement, and $400 damages. The evidence satisfactorily sustains the findings of the referee, and warrants the judgment rendered. So errors were committed during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

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Bluebook (online)

17 N.Y.S. 956, 1892 N.Y. Misc. LEXIS 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-metropolitan-elevated-railroad-superctny-1892.