Barr v. . Green
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 19, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The erection of the wire fence in question was unlawful, and the defendant is liable for damages to a person injured thereby.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 19, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The erection of the wire fence in question was unlawful, and the defendant is liable for damages to a person injured thereby. (Fisher v. Cambridge Springs, 32 N. Y. S. R. 492; Buckley v. Clark, 21 Misc. Rep. 142; Cordell v. N. Y. C. Ry. Co., 64 N. Y. 535; Lambert v.…
1Opinion of the CourtChase, J.
The schoolhouse site of school district No. 10 in the town of Arcade, county of Wyoming, is located on the easterly side of a highway and consists of a lot about eighty-five feet front and one hundred and twelve feet deep. The schoolhouse faces the south side of the .lot.
The defendant is the owner of a farm which adjoins the schoolhouse lot on the south, east and north sides thereof. He erected ordinary fence posts by setting them in the ground twelve feet apart on or near the division line between his lands and the lands of said school district and along the highway adjoining his lands north…
2Cases cited2 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Kelley v. New York State RailwaysNew York Court of Appeals · 1913
3Cited by9 opinions
- Baisley v. Missisquoi Cemetery Ass'nSupreme Court of Vermont · 1998
- Robertson v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Williams v. City of HudsonWisconsin Supreme Court · 1935
- Klein v. Ramapo Park, Inc.Appellate Division of the Supreme Court of the State of New York · 1938
- Amberg v. . KinleyNew York Court of Appeals · 1915
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