# Shaw v. New York Elevated Railroad

> New York Court of Appeals · January 15, 1907 · 187 N.Y. 186

URL: https://www.frixlaw.com/law-library/cases/3614444

## Case

- **Full name:** Samuel T. Shaw Et Al., Individually and as Executors and Trustees Under the Will of Julia A. Shaw, Deceased, Respondents, v. the New York Elevated Railroad Company Et Al., Appellants
- **Court:** New York Court of Appeals
- **Decided:** January 15, 1907
- **Citations:** 187 N.Y. 186; 25 Bedell 186; 79 N.E. 984; 1907 N.Y. LEXIS 768
- **Precedential status:** Published
- **Opinion:** Dissent by Gray
- **Judges:** Gray, Hiscock
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3614444

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3614444. Public record. Not legal advice.