Morgan v. Bowes
New York Supreme Court
Appeal from circuit court, New Xork county. Action by William R. Morgan, Jr., and others, against John Bowes and John Coombs, defendants, to recover damages for injuries to property caused by blasting. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtBarrett, J.
This action is for damages to the plaintiffs’ houses in Eighty-Third street, caused by the wrongful acts of the defendants in blasting rock upon the adjoining lands. The defendants are contractors, and, as such, were, in the months of May and June, 1886, engaged in excavating and removing the rock upon such adjoining lands. They were continuously at work during this period, and in the performance of such work they caused constant explosions and made heavy blasts. These blasts were produced by the agency of a species of gunpowder known as “giant-powder.” Serious injury resulted therefrom to…
2Cases cited8 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Heeg v. . LichtNew York Court of Appeals · 1880
- Fish v. DodgeNew York Supreme Court · 1847
- McKeon v. . SeeNew York Court of Appeals · 1873
- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
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3Cited by3 opinions
- Hill v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1897
- Stevenson v. PucciNew York Supreme Court · 1900
- Denken v. CanavanAppellate Terms of the Supreme Court of New York · 1896