Radway v. Duffy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick J. Duffy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Westchester on the 15th day of February, 1902, upon the report of a referee.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has recovered a judgment for damages for the wrongful entry upon her lands by the defendant, and for the unlawful raising, removing therefrom and converting to his own use of a large quantity of the earth and soil. The complaint charges that the defendant took 6,000 cubic yards of the value of seventy-five cents per yard. The answer is a general denial. The judgment is for 3,135 yards at twenty cents a yard.
The learned counsel for the appellant claim that the only action maintainable is for injury to the freehold resulting from the trespass and that an action for…
2Cases cited7 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Larkin v. RobbinsNew York Supreme Court · 1829
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Merritt v. . ThompsonNew York Court of Appeals · 1863
- Deverell v. BauerAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by5 opinions
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- Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
- Compania Transcontinental De Petroleo v. Mexican Gulf Oil Co.Court of Appeals for the Second Circuit · 1923
- Mexican Gulf Oil Co. v. Compania Transcontinental De Petroleo, S.A.District Court, S.D. New York · 1922
- Taylor v. Sommers Bros. MatchIdaho Supreme Court · 1922