Jutte v. . Hughes
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant entered upon a verdict. (Reported below, 8 J. & S., 126.) This action was brought to recover damages for injuries alleged to have been occasioned to plaintiff’s premises, in the city of New York, by the flow of water and filth from defendant’s premises adjoining.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant entered upon a verdict. (Reported below, 8 J. & S., 126.) This action was brought to recover damages for injuries alleged to have been occasioned to plaintiff’s premises, in the city of New York, by the flow of water and filth from defendant’s premises adjoining. The allegations in the complaint , as to the cause of the injuries and the damages sustained are as follows: “ That since about the 1st day of March, 1870, the defendant has failed to keep the privies,…
1Opinion of the CourtMili.ee, J.
Hpon the trial of this action, evidence was offered to establish that the plaintiff had lost tenants on account of the water flowing into the plaintiff’s cellars and that the cellars had remained unoccupied since the water came in, which testimony was excluded by the court. Proof of the rental value for the purpose of showing the damages done, was also rejected. The questions put in reference to these subjects were objected to generally, and no special ground of objection was stated to the form of any of them. The judge in his charge to the jury also excluded the rental value as an element of…
2Cases cited6 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Bellows v. SackettNew York Supreme Court · 1853
- Farrand v. MarshallNew York Supreme Court · 1855
- Dewint v. WiltseNew York Supreme Court · 1832
- St. John v. MayorThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
43 more not listed; retrieve them via the Exa API.