Legal Opinion

Viele v. Mack Paving & Construction Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1912Published

Appeal by the defendant, the Mack Paving and Construction Company, from an order of the Supreme Court, máde at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 19th day of October, 1911, granting the plaintiff’s motion to set aside a verdict in defendant’s favor and also for a new trial made upon the minutes.

1Opinion of the Court

Burr, J.:

Defendant was engaged as contractor in building the Bronx Valley sewer. In the performance of that work it became necessary to remove a large amount of rock. This was accomplished by blasting. Concussion accompanied the. firing of the blasts, and some' of the windows in plaintiff’s house were broken and the walls and ceilings cracked. ' This action is brought to recover the damages resulting from such injury.

It was conceded by plaintiff ’s experts that there was no other practical method of doing the work except to use explosives. Therefore, to maintain the. action it was incumbent…

2Cases cited5 opinions

  1. Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. Henry Hall Sons' Co. v. Sundstrom & Stratton Co.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Jarchover v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  4. Viele v. PavingAppellate Division of the Supreme Court of the State of New York · 1911
  5. Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API