Dietzel v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December .31, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. This being a common-law action for trespass, the plaintiff was not entitled to recover “ the difference in the value of the property with and without the sewer.”
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December .31, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. This being a common-law action for trespass, the plaintiff was not entitled to recover “ the difference in the value of the property with and without the sewer.” (Uline v. N. Y. C. & H. R. R. R. Co., 101 N. Y. 198; Pappenheim v. Met. El. Ry. Co., 128 N. Y. 436; Tallman v. Met. El. Ry. Co., 121 N. Y. 119; Rumsey…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action at common law to recover damages for a trespass committed by constructing a sewer upon the lands of the plaintiff. The trespass was established by uncontradicted proof upon the trial. The answer contained an averment to the effect that since the trespass the title to that portion of the land of the plaintiff occupied by the sewer had become vested in the city of New York through condemnation proceedings duly instituted and conducted according to law; but this averment was stricken out upon the motion of plaintiff’s counsel, with the assent of counsel…
2Cases cited7 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- Stowers v. . GilbertNew York Court of Appeals · 1898
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- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Crawford v. Town of HamburgAppellate Division of the Supreme Court of the State of New York · 1963
- Amax, Inc. v. Sohio Industrial Products Co.New York Supreme Court · 1983
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