Gardner v. . Heart
New York Court of Appeals
This was an action .on the case brought in the supreme court by Gardner against Heart for an injury to three lots of land which the plaintiff claimed to own in the city of Troy. The defendant was the owner of a hill called Mount Ida in the vicinity of the lots, and the injury complained of was occasioned, as alleged, by the defendant carelessly and negligently undermining the hill, so as to cause a slide precipitating the earth upon the plaintiff’s lots.
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This was an action .on the case brought in the supreme court by Gardner against Heart for an injury to three lots of land which the plaintiff claimed to own in the city of Troy. The defendant was the owner of a hill called Mount Ida in the vicinity of the lots, and the injury complained of was occasioned, as alleged, by the defendant carelessly and negligently undermining the hill, so as to cause a slide precipitating the earth upon the plaintiff’s lots. The cause was first tried before Willard, circuit judge, in 1843, when the plaintiff was non-suited. The supreme court on bill of exceptions…
1Opinion of the CourtWright, J.
After the plaintiff had rested, the defendant’s counsel moved for a nonsuit on the ground that the former had shown no legal title to the lots in question. At this time the plaintiff had only introduced and read in evidence a deed from Charles M. Baker, dated July 24, 1829, purporting to convey to him the lots in fee. No evidence had been given, nor was it subsequently supplied, of title in his grantor; yet the judge refused to nonsuit the plaintiff, and affirmatively charged the jury that “ enough had been made out to show that the plaintiff was the owner of the lots.” They were unoccupied…
2Cited by12 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Churchill v. . OnderdonkNew York Court of Appeals · 1874
- Mayor, Etc., of New York v. . CarletonNew York Court of Appeals · 1889
- Winchester v. City of Stevens PointWisconsin Supreme Court · 1883
- Purton v. WatsonCity of New York Municipal Court · 1888
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