Superior Court of New York, 1892

Johnston v. New York Elevated Railroad

Johnston v. New York Elevated Railroad
Superior Court of New York · Decided January 11, 1892 · Gildersleeve
17 N.Y.S. 953; 1892 N.Y. Misc. LEXIS 618 (New York Supplement)

Counsel

Davies, Short <6 Townsend, (Julien T. Davies and Joseph E. Lord, of counsel,) for appellants. Pechham & Tyler, (E. W. Tyler, of counsel,) for respondent.

Johnston v. New York Elevated Railroad

Opinion of the Court

Gildersleeve, J.

The judgment restrains the defendants from maintaining their elevated railroad in front of the plaintiff’s premises, known as “Hos. 231, 233, and 235 Pearl street,” in the city of Hew York, unless the defendants, within a time specified, pay to the plaintiff $8,000 for a release of the easements; and it awards to the plaintiff $7,500 damages, besides $1,001.61 costs. The evidence satisfactorily sustains the findings of the court below, and justifies the judgment rendered. Hoerrors werecommitted during the trial which require a reversal, and the judgment appealed from must be affirmed, with costs.

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