McGuire v. Grant
Supreme Court of New Jersey
This cause was argued upon tlie following case, certified from the Mercer Circuit for the advisory opinion of this court. The action is brought to recover damages done to a lot of the plaintiff by reason of excavations made upon an adjoining lot, (jprout declaration). The plea is the general issue. The plaintiff is the owner iri fee of a lot of land in the city of Trenton, fronting on Broad street, and extending m the rear to Cooper street.
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This cause was argued upon tlie following case, certified from the Mercer Circuit for the advisory opinion of this court. The action is brought to recover damages done to a lot of the plaintiff by reason of excavations made upon an adjoining lot, (jprout declaration). The plea is the general issue. The plaintiff is the owner iri fee of a lot of land in the city of Trenton, fronting on Broad street, and extending m the rear to Cooper street. The grade of Cooper street is sixteen feet below the natural surface of the earth in the rear of the plaintiff’s lot. The excavation which occasioned the…
1Opinion of the Court
The Chief Justice.
The first question submitted for consideration is, whether, upon the facts stated in the case certified, an action can be maintained by the plain*361tiff for the injury done to Ms land. The injury complained of consists in the settling and falling away of the plaintiffs land, in consequence of excavations made upon an adjoining lot. If the acts complained of were done with amalieious intent, or if the injury sustained by the plaintiff resulted from the careless and improper manner in which the work was executed, it is not denied that the plaintiff would be entitled to recover.…
2Cases cited6 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Panton v. HollandNew York Supreme Court · 1819
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Farrand v. MarshallNew York Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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