Superior Court of New York, 1892

Arnold v. Metropolitan Elevated Railroad

Arnold v. Metropolitan Elevated Railroad
Superior Court of New York · Decided January 11, 1892 · Moadam
17 N.Y.S. 951; 1892 N.Y. Misc. LEXIS 613 (New York Supplement)

Counsel

Bavies & Rapallo, for appellants. 2?. M. Felt, for respondent.

Arnold v. Metropolitan Elevated Railroad

Opinion of the Court

MoAdam, J.

The judgment restrains the defendants from maintaining the elevated railway structure in front of the premises No. 875 Sixth avenue, unless the defendants, within a time specified, pay the plaintiff $2,000 and interest, for a release of the easement, and $880 as and for past damages for the six years preceding the commencement of the action. The evidence satisfactorily sustains the findings of the referee, and warrants the judgment rendered. No errors were committed during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

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