Opinion

Shaw v. New York Elevated Railroad

187 N.Y. 186
25 Bedell 186
79 N.E. 984
1907 N.Y. LEXIS 768

Court: New York Court of Appeals
Filed: Jan 15, 1907
Status: Published
Author: Gray
On the bench: Gray, Hiscock
Cited by: 9 cases
Authority: More cited than 42.1%

The opinion

Gray, J.

(dissenting). I dissent, upon the ground that it was error for the trial court to admit the evidence of the witnesses called as experts as to the values of other property in the vicinity of the plaintiffs’ property on Forty-second street. This was in violation of the rule laid down by us in the

Jamieson Case

( 147 N. Y. 322 ); a rule which has invariably been adhered to. The error was material and the objection taken to the admission of such evidence distinctly called the attention of the court to the point. If the .rule has any value in this class of cases, the error in departing from it should not be disregarded.

Cullen, Ch. J., Werner and Chase, JJ., concur with Hiscock, J.; O’Brien and Edward T. Bartlett, JJ., concur with Gray, J.

Judgment affirmed.

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