Blodgett v. City of Syracuse
New York Supreme Court
THIS was an action to recover damages for injuries to the plaintiff's dwelling house, occasioned by a riot, or mob. The plaintiff, in the first count of her complaint, claimed that the defendant was liable under the statute of April, 1855, “to provide for compensating parties whose property may be destroyed in consequence of mobs or riots.” (Laws of 1855, ch. 428, p. 800.) In the second count she claimed that the defendant was liable at common law.
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THIS was an action to recover damages for injuries to the plaintiff's dwelling house, occasioned by a riot, or mob. The plaintiff, in the first count of her complaint, claimed that the defendant was liable under the statute of April, 1855, “to provide for compensating parties whose property may be destroyed in consequence of mobs or riots.” (Laws of 1855, ch. 428, p. 800.) In the second count she claimed that the defendant was liable at common law. The 3d section of the act of 1855 provides, that “Ho person or corporation shall be entitled to recover in any such action, if it shall appear…
1Opinion of the Court
By the Court,
Bacon, J.
I am a little apprehensive that the learned justice who tried this cause, in his just indignation against the infamous trade of the plaintiff, and his laudable zeal for the promotion of good morals, has been led to affirm a proposition which can hardly be sustained. This action is to be treated as brought under the statute of 1855, and the defense rests entirely upon the provision of the 3d section of that act, which exempts a corporation from liabil-. ity for injury to, or destruction of, private property,- when such injury or destruction has been occasioned, or in any…
2Cited by2 opinions
- County of Allegheny v. Gibson's Son & Co.Supreme Court of Pennsylvania · 1879
- Moody v. Board of SupervisorsNew York Supreme Court · 1866