Phelps v. Metropolitan Elevated Railroad
Phelps v. Metropolitan Elevated Railroad
17 N.Y.S. 956; 1892 N.Y. Misc. LEXIS 627
(New York Supplement)
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.