Davidson v. Mayor of New York
The Superior Court of New York City
This action was brought to recover damages for personal property destroyed by a mob in the city of New York, in July, 1863. The complaint alleged that at the times hereinafter mentioned, the plaintiff was a boarder in the family of William Treitel, at 175 East Thirty-third street, in said city, and was the owner, on the 14th day of July, 1863, and possessed of, the following goods, chattels and property, and the same were reasonably and justly worth the sums set opposite…
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This action was brought to recover damages for personal property destroyed by a mob in the city of New York, in July, 1863. The complaint alleged that at the times hereinafter mentioned, the plaintiff was a boarder in the family of William Treitel, at 175 East Thirty-third street, in said city, and was the owner, on the 14th day of July, 1863, and possessed of, the following goods, chattels and property, and the same were reasonably and justly worth the sums set opposite each article viz: (specifying various articles of wearing apparel, a watch, money in pocket book, &c.,) the whole amounting…
1Opinion of the Court
By the Court,
Monell, J.
An action does not lie at common law against a municipal corporation, to recover for injuries to person or property caused by a mob. This was conceded by counsel, and is well settled.
The legislature of this state, in 1855, (Sess. L. 1855, p. 800, ch. 428,) enacted 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 in behalf of the party whose property was thus destroyed or injured, for the damages…
2Cases cited15 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- People v. MorrisNew York Supreme Court · 1835
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
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3Cited by2 opinions
- Northern Assurance Co. v. City of MilwaukeeWisconsin Supreme Court · 1938
- Eastman v. Mayor of New YorkThe Superior Court of New York City · 1868