Legal Opinion

Parish v. . Baird

New York Court of Appeals

Decided October 3, 1899PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25; 1891, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25; 1891, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages alleged to have been sustained by the plaintiff by the flagstones, composing the-sidewalk in front of his premises, having been broken by the piling of paving stones thereon by the defendant Baird. The facts, so far as material, are stated in the opinion. Having recovered a judgment solely on the ground of…

1Opinion of the CourtO’Brien, J.

The plaintiff recovered damages for an injury to the real property of the testator, for which it was held that the defendant Baird was responsible. It appears that the deceased owned a valuable building used for a store and offices at the northeast corner of Seventeenth street and Broadway in the city of Hew York. The building had been constructed with vaults extending out under the sidewalk of Seventeenth street by permission from the city authorities. Over the vaults the owner had constructed a sidewalk of stone flagging, consisting of large flat stones specially made, prepared and finished…

2Cases cited4 opinions

  1. Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
  2. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  3. Bidelman v. . State of New YorkNew York Court of Appeals · 1888
  4. Rogers v. RandallMichigan Supreme Court · 1874

3Cited by22 opinions

  1. Dougherty v. . MillikenNew York Court of Appeals · 1900
  2. Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
  3. Salt Lake City v. SchubachUtah Supreme Court · 1945
  4. Hill v. NortonWest Virginia Supreme Court · 1914
  5. Lincoln Safe Deposit Co. v. City of New YorkNew York Court of Appeals · 1913

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