New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-21
THE COURTS.
COURT OF APPEALS DECISIONS.
AN IMPORTANT ELEVATED RAILROAD CASE
AMONG THEM-No STAY FOR TREzzA,
THE MURDERER.

Albany, Oct. 2O.-Another important queSuoh III
volved in the settlement Of damages TO property by
the NewYork elevated roads decided by me
Court Of Appeals this morning In the Of John A. C.
Gray, appellant, against the Manhattan Railway COM
pany, ct al. respondents. The plaintiff, who was ule
OF four vacant lots at Nnth-ave. and Twenty
seventhst., brought this action abuttng owner
praying for an injunction restraining the defendants
from maintaining and operating their road In front OF
his lots, and for damages caused to his lots The traI
ordered judgment in his favor for the injunction
prayed for; provided, however, that the injuncuon
should issue until after sixty days from the entry
Of judgment, TO enable defendants TO acquire MS
easements in the street by condemnation proceedings
and by the payment Of the Of $1,000, the amount
found be the full damages to the lots. The court
found no damage the rental value Of the lots prior
to the judgment and found that said premises "ouIu
not be worth much they now are had the Sila
railway and stations not been built Jet ne fouhd
that the fee Of plaintiffs real estate Is diminished IN
value by the maintenance and operation Of the road
by the sum Of Sc 900, and to this finding the de-
PENDANTS excepted on appeal 10 ehe General Term
The judgment was reversed, and new trial ordered
without considering the alleged errors, on the ground
that the plaintiffs real estate not damaged oy the
defendants, and that the trial Judge erred as to the
damages. From this order Of reversal the painuh
Appealed the court Of resort, which this morning
In an opinion written by Judge Earl affirmed the order
and directed judgment absolute for the DEFENDANTS
with costs. Judge Earl, in his opinion, says;
The main question argued before US and considered
at the General Term is whether tho plaintiff could
maintain his judgment In the face Of a finding that
the value OF his premises had been enhanced by the
building and operation Of the road This Is very
important question, and its determination may not only
affect the whole case but many others pending or 10
DO begun We do not deem 1t important or
proper to determine it, there other grounds f
the afhrmance Of the order appealed from Irat
question may remain undetermined in this court until
81 &c I'd for
It's solution is required"
The opinion, after saying that the testimony OF
EXPERT witnesses the value Of property haa the
roads not been built &C, which was SuInclenHy
objected to by the defendant, was Incompetent ana
that it erroneous TO permit them TO be answered
continues What would have ben the state Of things
at and in the vicinity Of the plaintiffs lots If the
elevated road had not been constructed, was more
matter Of speculation and conjecture No opinion IN
re aton 70 this could be based upon observed or proved
facts. The conditions upon which the witness was
asked 10 base his opinion existed and could not
exist. nor it competent 10 prove BY the opinion
Of witnesses the best which the lots cOuh have
been or could be put. Tho facts bearing upon the
matter should be proved, and the inference from them
should be drawn By the triers Of the fact
In tho case Of Anna ". Doyle against tho Manhattan
Elevated Railroad and the Metropolitan Elevated
Railroad appellants the decision handed down to-day
is written by Judge Earl. new trial is granted be
cause the incompetent evidence Of realesate agent
Was allowed in and because the defendants were not
allowed 70 give evidence 70 what effect thelr ROAD
had on the opposite side Of the street The plalns
PREMISES were at Fifty thirds. and sxthave Judg
ment was awarded her for $4,000 and the road was
restrained from running by the premises.
In the case Of Roberts against the New-forK Elevated
Railroad the now trial is granted upon almost similar
grounds the defendant not being allowed 10 oHer
what the Court Of Appeals considers competent evil
denoe Of persons along the route who claimed oeheS
The order Affirming the order Of Justice Pratt Ie-
tuslns stay Of proceedings In the Of the People
responnenJ; A4t. Nicola TTezzs5 appeuantT Was
affirmed in the First Division. This was az appeal
from al order Of TIE General Term, Second Depart
mept affirming an order denying motion Tor stay
~ proceedings The defendant convicted Of muir
der In the first degree In killing Alexander SIvaho on
Easter Sunday, 1890. He tried at the Kings
Comfy Court of Sessions, convicted, and sentenced 10
he put to death in the week beginning July 90 1880
He appealed but the conviction was affirmed, and he
ras resentenced to be executed by electricity In the
reek becinning April 81, 1891. Pending the execu-
tion he moved for trial, on the ground OF newly
| discovered evidence which motion denied By the
Court Of Sessions stay Of execution pending APP
peal was granted but upon appeal the matter was de-
MED upon the sole ground that no appeal lies from
the decision OF the Court Sessions and the General
Term affirmed the order. The prisoner IS now IN Sing
Sing.
In the second case of the People Ell rel. Nicola
a. IL,
Sing Prison the order affirming the order OF Justice
! CnIlen Diminishing the writ Of habeas corpus was
affirmed to-day by the Court Of Appeals. This second
appeal was taken upon writ OF haoeas corpus upon
| the grounds 50 well known in the lntermlaple aP-
peals taken in Kemmer case, and IN fact IN ech
case of conviction for murder in the nrst degree pear
ing sentence imposed under the provisions OF the ne"
| Capital Punishment law.
The decisions handed down BY the First Division 10
day were as follows:
suburban Rapid Transit Company appellant ant ass
Mayor, etc, OF New York J9dgmeen.t anu to com
plant overrued and judgment entered against Gt
PENDANTS granting plaintiff the relef prayed Ior' WIN
The People ex rel Charles H. Wilson, appellant ct
the Board Of Trustees Of Mount vernon IN re ApP,.s
/ ion OF Eliza W Clark, administrative etc Vruer
Tfe Peope ey rel John W. Cochrane administrator
| .tc a1t Michael Coleman Commissioner OF Taxes,
etc and others. appellant. Order OF special snS
General terms reversed, the assessment rehsIu Hlu
| the writ dismissed. with costs IN all courts. 60.
Mary Klefer administrator; etc, agt' the DIand
Trunk Railroad Company appellant Appeal dismissed
WY! The People respondents ag Nicola Ta5za ap
tnsj1g a stay Of proceedings affirmed.
same ag same Order affirming the order r,, OF
Justice Cullen, dismissng writ Of ha6ess corpus
n EdTard Roberts agt the Yew-York Elevated Rail
6oSe I a t Maanat5an Elevated Rroad COMPANY
and the Metropolitan Elevated kaLlrDla al ntad
| with costs 70 abide the event. . ,.. II.
| John A Gray. appellant, agt the Manhattan hIe
waited Railroad ct a. order affirmed. and Judgment
| absolute ordered for defendants. with costs. -
! James Powers. administrator: ETC. appellhInLS aeS'
the New-York Central Railroad company 1onn -
| Ouinion agt Emily A. Suatton and another. appel
lsDts Judgment affirmed. with costs.
The following Is the calendar for tomorrow: Nos
81 1os l1o, 131, 81, 0s, -. and 90.
These decisions were handed down IN the Second
Division
Caroline X Brennan agt. The city Of Buhalo; APP
pellant: Florence Campbell appellant, agt. the NeN-
York Central Railroad Company eherWOOd .tertlHS
aF+ the Metropolitan Life Insurance Company AIGnaei
lew and another agt samuel Newman, appellant
Jud gments affirmed, with costs: ,s ,,,.r.,
! LANES H. Knapp appellant agt. Preferred MUTUAL
Accident Association OF New-York. Appeal dlsihissoo
w A Harris and another agt. Monroe NJ oakley;
anpeIIant Devau Joseph agt. the pennsylvania, anu