Legal Opinion

Cozzens v. Higgins

New York Court of Appeals

Decided December 15, 1866PublishedCited by 2 opinions

Frederick S. Cozzens sued Alvin Higgins, in the supreme court, for damages for an alleged trespass. The complaint alleged that plaintiff was a wine merchant, occupying, as lessee, a store and cellar in the city of New York; that defendant entered on plaintiff’s premises, removed a part of the floor of the cellar, carried away the front and rear steps, &c., and broke through the cellar walls, and inserted large sticks of timber, &c.

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Frederick S. Cozzens sued Alvin Higgins, in the supreme court, for damages for an alleged trespass. The complaint alleged that plaintiff was a wine merchant, occupying, as lessee, a store and cellar in the city of New York; that defendant entered on plaintiff’s premises, removed a part of the floor of the cellar, carried away the front and rear steps, &c., and broke through the cellar walls, and inserted large sticks of timber, &c. On the trial it appeared that defendant, who owned the two lots adjoining plaintiff’s tenement, undertook to build two stores thereon; and the acts complained of…

1Opinion of the Court

By the Court.

Porter, J.

The appellant assumed to justify the acts complained of, on the ground that they were necessary to protect the property of the plaintiff from injuries to which he was about to expose it, by undermining the walls of both; that the means he used were appropriate and adequate; and that they were resorted to with the assent of the respondent. The evidence objected to was admissible, as it tended to show the extent of the actual injury, and the insufficiency of the appliances to which the defendants had recourse for the purpose of averting it. It was for the jury to…

2Cited by2 opinions

  1. The People v. . BuddensieckNew York Court of Appeals · 1886
  2. Cowley v. PeopleNew York Supreme Court · 1880

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