Weiss v. Metropolitan Elevated Railway Co.

The Superior Court of New York City

Weiss v. Metropolitan Elevated Railway Co.

43 N.Y. St. Rep. 974

CourtThe Superior Court of New York City

DecidedMarch 14, 1892

StatusPublished

This text of 43 N.Y. St. Rep. 974 (Weiss v. Metropolitan Elevated Railway Co.) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weiss v. Metropolitan Elevated Railway Co., 43 N.Y. St. Rep. 974 (N.Y. Super. Ct. 1892).

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Opinion

Gildebsleeve, J.

The judgment permits the defendants to pay to the plaintiffs the sum of $1,700 in avoidance of the injunction restraining the defendants from maintaining and operating their elevated railroad in front of. plaintiff’s premises, No. 952 Second avenue, in the city of New York; and; awards to the plaintiffs the sum of $878.31, as past damages and interest thereon, and $132.43 as costs and disbursements.

The case seems to have been carefully tried hy the learned referee, and we find no errors in the admission or exclusion of evidence that require a reversal of the judgment. The evidence fairly sustains the findings of the referee and warrants the judgment.

It, therefore, follows that the judgment appealed from must he affirmed, with costs.

Sedgwick, Oh. J., and Dugbo, J., concur.

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Gildebsleeve, J.

The judgment permits the defendants to pay to the plaintiffs the sum of $1,700 in avoidance of the injunction restraining the defendants from maintaining and operating their elevated railroad in front of. plaintiff’s premises, No. 952 Second avenue, in the city of New York; and; awards to the plaintiffs the sum of $878.31, as past damages and interest thereon, and $132.43 as costs and disbursements.

The case seems to have been carefully tried hy the learned referee, and we find no errors in the admission or exclusion of evidence that require a reversal of the judgment. The evidence fairly sustains the findings of the referee and warrants the judgment.

It, therefore, follows that the judgment appealed from must he affirmed, with costs.

Sedgwick, Oh. J., and Dugbo, J., concur.

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Bluebook (online)

43 N.Y. St. Rep. 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-metropolitan-elevated-railway-co-nysuperctnyc-1892.