New-York tribune., 1892-01-10
THEY W1NT THE Law REPEALED.
LAWYERS SAY IT GIVES AN UNFAIR ADVANTAGE
10 THE ELEVATED ROADS

TO The fIfLNhIf>l fOhOc
The first steps were taken Yesterday In an attempt
70 repeal the legislation known as the Mcknight Act
BY which the Elevated Rsilroad Company expected,
doubt delay the trial of the suits Of property
against the company Indefinitely A meeting OF
lawyers was held ut No. Ill Broadway yesterday al
which representatives Of the following firms :
Burrin. Zabnskie d Burill, Strong & Cadwalader,
Cannon Atwater Foster 81 spelr, stlckney. Spencer
& Ordway, Wolf q Hodge, william II. O'Dwyer Denis
A. Spellissy, Pcckham Tyler, Lewis L. Delaleld,
sackett a. Bennett, +. d. Hawkins. Tremane Tyler,
Byron L. Winters, Roe & Macklin, Whitehead, Dexter
d; Osborn, Frederick 8. Wait, Adolph /. Sanger
Judge Isaacs and Morris & steele.
Resolutions were adopted and committees appointed
to take action to procure Immediate repeal Of the
obnoxious act number OF those present volunteered
to go to Albany and advocate the repeal before the
Legislative committee having charge of the subject
The act which is complained Of looks exceedingly
dry and technical TO any except lawyer and even
TO members OF the bar unacQuanted with tn. elevated
railroad litigation 1t is unintcresting The act reads
as follows: section l. Where party is entitled BY
Consultation OF 10y express provision Of law 10 tral
by jury Of one or more issues Of fact In an action not
specified In Section 9ds OF this act or where one or
more questions arise on the pleadlngs 10 the value
OF property or as TO the damages which party may
be entitled to recover, either party may apply upon
notice at any time to the court ior au order directing
all such issues or questions to be distinctly and plainly
where questions arising upon the Issues are stated for
trial by jury In where neither party can az
Of right require such trial, except that the finding
Of the Jury upon such question issue so stated Is
conclusive in the action unless the verdict is set aside
new trial is granted.
Section =. This act shall take effect September l.
1901.
1t Is an amendment 10 Section $40 Of the Code OF
Civil Procedure, and recently I: has been Interpreted
by the supreme and Superior 10 mean that the
railroad company is entitled 10 jury Trial In all
suits OF property against the company where
the claim for "psst damages Is not distinctly waived
Under this act the company claimed a ri.nt 10 prac
tcally two trials one before Judge without Jury
and the other before jury In cases where tho
question OF loss If rents and damages to the fee value
of the property were both to be determined. Judge
Freedman, in the supreme Court, iucd n few DAYS
ago, that where past damages were waived the
could te tried before judge without jury but
where both questions ~ he tried the questions
of past damages must be tried BIZ jury II the
insisted upon II, both questions would be dis posed OF
by tho jury
Tho lawyers believe that this method Of trial will
greatly delay the hugaiOn and they want the act re-
pealed. For this reason the meeting was called
large number Of corporations and II
l. said Will join with the law, In the attempt a.
secure the legislation required