Negus v. . Becker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought by the plaintiff to recover damages of the defendants, for the injury occasioned to him by the falling of a brick wall, which was being erected, or carried up, upon a party wall between their premises.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought by the plaintiff to recover damages of the defendants, for the injury occasioned to him by the falling of a brick wall, which was being erected, or carried up, upon a party wall between their premises. The plaintiff and one Krieger, being owners of adjoining lots of land, made a contract; by which the former agreed to erect upon their…
1Opinion of the CourtGray, J.
The direction of a verdict for the plaintiff proceeded upon the theory that, in undertaking to have the party wall carried up, in order to provide for the third story of their building, the defendants assumed an unqualified liability to the plaintiff for any occurrence in the course of construction, resulting in injury to him. There is no charge in the complaint, and there was no evidence to show, that the erection of this wall was something intrinsically dangerous, and, therefore, a matter which imposed upon the defendants a responsibility, in case of resulting damage to their neighbor, from…
2Cases cited3 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Brooks v. . CurtisNew York Court of Appeals · 1873
3Cited by28 opinions
- Jackman v. Rosenbaum Co.Supreme Court of Pennsylvania · 1919
- Bull v. . BurtonNew York Court of Appeals · 1919
- Burke v. . IrelandNew York Court of Appeals · 1901
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Praimnath v. TorresAppellate Division of the Supreme Court of the State of New York · 2009
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