Jencks v. Kenny
The Superior Court of New York City
Motion for injunction enjoining defendant from excavating in front of the plaintiff’s property, unless the defendant shores up and protects the foundation walls.
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Motion for injunction enjoining defendant from excavating in front of the plaintiff’s property, unless the defendant shores up and protects the foundation walls. The plaintiff owns two lots on 106th street, 175 feet westerly from Eighth avenue, in the city of New York, on which there are two five-story brick and stone double tenements-The defendant entered into a contract with the municipal authorities to construct a sewer in 106th- street, underneath the sidewalk in front of the plaintiff’s property, to a depth of more than ten feet, and in excavating refused to shore up or protect the…
1Opinion of the CourtMcAdam, J.
The defendant, under a contract with, the city, is excavating a sewer in front of plaintiff’s property. The power exercised is vested in the municipal, authorities by express statute (Consol. Act, 1882, § 878). The act of 1855, ch. 6, respecting excavations, re-enacted in 1882 (Consol. Act, 474, amended in 1885,. ch.456; 1887, ch. 566) applies to “adjoining owners” only, concerns private rights and obligations—not public functions—and affords the plaintiff no remedy for the acts complained of. Motion to continue injunction denied.
Note.—Duty of excavating owner to protect neighbor's house.…
2Cited by2 opinions
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908