Moody v. Board of Supervisors
New York Supreme Court
THIS action was brought to recover the value of two dwelling houses, and certain personal property contained in them, destroyed by a riot or mob on the 15th of September, 1865. The plaintiff gave evidence showing that she was not apprised of any threat, or attempt to injure or destroy her property by any riot or mob, until such destruction was commenced, and had considerably progressed.
Read the full summary
THIS action was brought to recover the value of two dwelling houses, and certain personal property contained in them, destroyed by a riot or mob on the 15th of September, 1865. The plaintiff gave evidence showing that she was not apprised of any threat, or attempt to injure or destroy her property by any riot or mob, until such destruction was commenced, and had considerably progressed. And when she became so apprised she was taken and detained in cusr tody until such destruction was completed, by members of .the village police and others acting in concert with the mob or riotous assembly. At…
1Opinion of the Court
By the Court, Daniels, J.
The right of the plaintiff to maintain the present action depends upon the provisions of an act passed by the legislature of this state, in 1855. (Laws of 1855, oh. 428. 3 B. 8. 874, 5th ed.) By the first section of that act it is provided that,' “ Whenever any building, or other real or personal property, shall be destroyed or injured in consequence of any mob or riot, the city or county in which such property was situated shall be liable to an action,. by or on behalf of the party whose property was thus destroyed or injured, for the damages sustained by reason…
2Cases cited8 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Meeker v. Van RensselaerNew York Supreme Court · 1836
- State v. BertheolIndiana Supreme Court · 1843
- Luke v. City of BrooklynNew York Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Commisso v. MeekerNew York Court of Appeals · 1960
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Chenango Bridge Co. v. LewisNew York Supreme Court · 1872
- Hutchins v. SmithNew York Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.