Superior Court of New York, 1894

Klipstein v. New York Elevated Railroad

Klipstein v. New York Elevated Railroad
Superior Court of New York · Decided May 9, 1894 · Dugro
28 N.Y.S. 683; 8 Misc. 457 (New York Supplement)

Counsel

Davies & Rapallo, for appellants., John E. Parsons, for respondent.

Klipstein v. New York Elevated Railroad

Opinion of the Court

DUGRO, 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. Railway Co., 117 N. Y. 442, 23 N. E. 30, and Hunter v. Same (N. Y. App.) 36 N. E. 400, when applied to the question, necessarilv lead to an affirmance. Judgment affirmed, with costs.

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