Walter v. Post
The Superior Court of New York City
Appeal from a judgment in favor of plaintiff upon a verdict. The complaint in this action alleged that the plaintiff was the lessée of a house and premises in the city of New York for the term of eight years: from May 1,1852, and that since that date he had used and occupied, and still used and occupied, the first floor as a merchant tailor’s store; and that he also used and occupied during the same period the yard and rear part of the said premises, and had hired and rented…
Read the full summary
Appeal from a judgment in favor of plaintiff upon a verdict. The complaint in this action alleged that the plaintiff was the lessée of a house and premises in the city of New York for the term of eight years: from May 1,1852, and that since that date he had used and occupied, and still used and occupied, the first floor as a merchant tailor’s store; and that he also used and occupied during the same period the yard and rear part of the said premises, and had hired and rented the basement to other persons, who used and occupied them for various purposes. It then alleged that on or about June…
1Opinion of the Court
By the Court*—Woodruff, J.
—On the trial of this cause the plaintiff called a witness and examined him respecting the description of the building occupied by the plaintiff, its interior arrangements, its condition, occupation, and manner of use at, and immediately prior to, the time when the work complained of was begun by the defendant; and the witness proceeded to describe particularly the excavation made by the defendant; the introduction of the beams into the basement of the premises, when they were put in, and how long certain of the alleged grievances continued; and was proceeding to…
2Cases cited2 opinions
- Lacour v. MayorThe Superior Court of New York City · 1854
- Finch v. BrownNew York Supreme Court · 1835
3Cited by7 opinions
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Little v. WillfordSupreme Court of Minnesota · 1883
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- Anthony v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1894
- California Dry-Dock Co. v. ArmstrongUnited States Circuit Court · 1883
2 more not listed; retrieve them via the Exa API.