Superior Court of New York, 1892

Phelps v. Metropolitan Elevated Railroad

Phelps v. Metropolitan Elevated Railroad
Superior Court of New York · Decided January 11, 1892 · McAdam
17 N.Y.S. 956; 1892 N.Y. Misc. LEXIS 627 (New York Supplement)

Counsel

Davies & Rapallo, for appellants. E. M. Felt, for respondent.

Phelps v. Metropolitan Elevated Railroad

Opinion of the Court

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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