Holland House Co. v. . Baird
New York Court of Appeals
Appeal from an order of the Appellate Division of the. Supreme Court in the first judicial department, entered March 13, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material are stated in the opinion.
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Appeal from an order of the Appellate Division of the. Supreme Court in the first judicial department, entered March 13, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material are stated in the opinion. If the plaintiff had established upon the trial that the defendant blasted out rock adjacent to plaintiff’s premises and injury was caused thereby to its property from the effects of concussion, the plaintiff was obliged to go further and prove…
1Opinion of the CourtGbay, J.
The plaintiff is the owner of the Holland House, a hotel building situated on the southwest corner of Fifth ave nue and Thirtieth street, in the city of New York. By the complaint in this action, the defendant is charged with a failure to exercise due care, and with being negligent, in the blasting of rock, while engaged upon the work of excavating a trench for the laying of water pipes in Fifth avenue ; whereby a vault of the building, constructed under the sidewalk, was damaged in an amount specified. The answer of file, defendant put in issue these allegations. Upon the trial of the…
2Cases cited3 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
3Cited by45 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Whitman Hotel Corporation v. Elliott & Watrous Engineering Co.Supreme Court of Connecticut · 1951
- Watson v. Mississippi River Power Co.Supreme Court of Iowa · 1916
- Caporale v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1961
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
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