Eno v. Del Vecchio & Snyder
The Superior Court of New York City
Appeal from a judgment in favor of the plaintiff. It was before the court upon a case containing the evidence and exceptions taken on the trial.
Read the full summary
Appeal from a judgment in favor of the plaintiff. It was before the court upon a case containing the evidence and exceptions taken on the trial. The action was brought by the plaintiff, as owner in fee of the dwelling-house known as 496 Broadway, in the city of New York, to recover damages for the injuries alleged to have been done to his dwelling-house, by the wrongful disturbance and removal of an ancient party-wall, thereby depriving the house of the plaintiff of the support to which it was entitled. The defendants answered separately, and in their answers denied all the material…
1Opinion of the CourtBy the Court. Woodruff, J.
When this case was before the court in October, 1854,* nearly all of the questions raised by the present appeal were presented to the consideration of the court. We regard the- opinion then given as so far conclusive *26upon those questions, that it is not proper to open them here for discussion. That opinion must therefore be taken as the opinion of the court in relation to all matters embraced therein, or which are impliedly covered thereby.
It was then decided that, in any view of the rights and liabilities of the parties, the plaintiff was entitled to notice of the defendants’ design to take…
2Cited by14 opinions
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Morrison v. KingIllinois Supreme Court · 1871
- Brown v. WernerCourt of Appeals of Maryland · 1874
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
9 more not listed; retrieve them via the Exa API.