New York Court of Appeals

Patrick Williams, as Etc. v. . the Brooklyn Elevated Railroad Company

March 20, 1891126 N.Y. 96

Summary

The Court of Appeals held that the legality of an elevated railroad structure as an interference with abutting owners is a matter of law, not for jury determination; it affirmed the trial court's allowance of damages for rental loss caused by construction; and it reversed the judgment because the trial court erred by permitting counsel to read an irrelevant newspaper article during summing up, violating the limits of counsel's privilege.