Gibson v. Denton
Appellate Division of the Supreme Court of the State of New York
; ’ Appeal by the defendant, Elizabeth B. Denton, from a judgment, ■of the Supreme Court in favor of the plain tiff, entered in the office of the clerk of the county of Washington on the 3d day of October, 1894, uj>on the verdict of a jury rendered after a trial at the Washington Circuit.
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; ’ Appeal by the defendant, Elizabeth B. Denton, from a judgment, ■of the Supreme Court in favor of the plain tiff, entered in the office of the clerk of the county of Washington on the 3d day of October, 1894, uj>on the verdict of a jury rendered after a trial at the Washington Circuit. The notice of appeal states that the appellant intends to bring up for review upon such appeal an order denying defendant’s motion for a new trial made upon the minutes, and to set aside the verdict of the jury as contrary to law and the evidence. No such order is, contained in the case.
1Opinion of the Court
Putnam, J.:
On the 18th day of November, 1892, the plaintiff was, and for several years prior thereto had been, the owner of a house and lot in Sandy Hill, N. Y. The defendant during the same period was the owner of the adjoining lot, on which stood — twenty-one inches from the plaintiff’s line and twenty-nine feet from his house — a pine tree, twenty-two inches in diameter near the ground and seventy-five feet high. This tree, during a heavy gale on the day above mentioned, was blown down, falling on plaintiff’s house. For the damage occasioned thereby this action was brought. Plaintiff…
2Cases cited5 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Simmons v. . EversonNew York Court of Appeals · 1891
- Sheldon v. . ShermanNew York Court of Appeals · 1870
- Ward v. . Atlantic and Pacific Telegraph Co.New York Court of Appeals · 1877
- Passey v. CraigheadNew York Supreme Court · 1895
3Cited by10 opinions
- Sprecher v. Adamson CompaniesCalifornia Supreme Court · 1981
- Jones v. Town of Great BarringtonMassachusetts Supreme Judicial Court · 1930
- Barker v. BrownSuperior Court of Pennsylvania · 1975
- Dudley v. Meadowbrook, Inc.District of Columbia Court of Appeals · 1961
- Turner v. CoppolaNew York Supreme Court · 1980
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