The Superior Court of New York City, 1894

Klipstein v. New York Elevated Railway Co.

Klipstein v. New York Elevated Railway Co.
The Superior Court of New York City · Decided May 7, 1894 · Duglio
59 N.Y. St. Rep. 573

Counsel

Davies & Rapallo, for app’lts; John H. Parsons, for resp’t.

Klipstein v. New York Elevated Railway Co.

Opinion of the Court

Duglio, J.

The only question on this appeal is whether it was ■error to refuse a jury trial of the question of past damages, these damages having been obtained by the plaintiff through assignment. The principles stated in the cases of Shepard v. Man. Railway Co., 117 N. Y. 442 ; 27 St. Rep. 705, and Hunter v. Same, 57 St. Rep. 400, when applied to the question, necessarily lead to an affirmance.

Judgment affirmed, with costs.

V

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