Derrick v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anthony Kelly, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 14th day of May, 1909, affirming a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, in favor of tbe plaintiff, entered on the 29th day of October, 1908, in an action to recover damages for trespass. •
1Opinion of the Court
Clarke, J.:
This action was begun in the Municipal Court by the service of a summons indorsed, “ Action for damages to personal property.” The answer was a general denial. While the pleadings were oral, a bill of particulars set.forth the nature-of the action and it therein appears that the plaintiff’s claim was based on the charge of negligence and carelessness on the part of the defendant Kelly while excavating and blasting on property on the west side of Broadway between One Hundred and Forty-fourth and One Hundred and Forty-fifth streets, whereby a water main was broken and the water…
2Cases cited8 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
- Holland House Co. v. . BairdNew York Court of Appeals · 1901
- French v. . VixNew York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dixon v. New York Trap Rock Corp.New York Court of Appeals · 1944
- Wilson v. Oliver Costich Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Annutto v. Town of HerkimerNew York Supreme Court · 1968
- Conron v. FoxAppellate Terms of the Supreme Court of New York · 1915
- Newman v. Bradley Contracting Co.Appellate Terms of the Supreme Court of New York · 1917
4 more not listed; retrieve them via the Exa API.