French v. Vix
New York Court of Common Pleas
Exceptions from trial term. Action by Georgie French against Jacob Vix and others for injuries to plaintiff’s premises caused by blasting on the adjoining premises in excavating for a building, for the erection of which defendants were contractors and subcontractors. There was a verdict in plaintiff’s favor, and the court directed the exceptions of defendants Vix, who were .the contractors, to be heard in the first instance at the general term.
Read the full summary
Exceptions from trial term. Action by Georgie French against Jacob Vix and others for injuries to plaintiff’s premises caused by blasting on the adjoining premises in excavating for a building, for the erection of which defendants were contractors and subcontractors. There was a verdict in plaintiff’s favor, and the court directed the exceptions of defendants Vix, who were .the contractors, to be heard in the first instance at the general term. Exceptions sustained, and verdict set aside. .
1Opinion of the CourtBookstaver, J.
This case was tried at trial term, and resulted in a verdict in favor of the plaintiff for $2,500, whereupon the trial judge ordered the exceptions to be heard at the general term in the first instance. On the trial it appeared that in May, 1889, the plaintiff was the owner of a house and lot on West Sixtieth street, and that Nicholas Henry was the owner of a vacant lot immediately adjoining on the west. In that month, Henry entered into a contract with the defendants Vix for the erection of a building on his lot. This contract contained, among ■other things, the following clause:
“And the…
2Cases cited15 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Blake v. . FerrisNew York Court of Appeals · 1851
- Water Co. v. WareSupreme Court of the United States · 1873
- Little v. . BanksNew York Court of Appeals · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Offer v. Superior CourtCalifornia Supreme Court · 1924
- Horn v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Houghton v. Loma Prieta Lumber Co.California Supreme Court · 1907
- Annutto v. Town of HerkimerNew York Supreme Court · 1968
- Carmel Associates, Inc. v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 1970
5 more not listed; retrieve them via the Exa API.