Orr v. Mayor of New York
New York Supreme Court
APPEAL, by the defendants, from a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the judge’s minutes. The action was founded on the statute of April 13, 1855, by which compensation was given to parties whose property should be destroyed by mobs or riots, by action against the city or county in which the property was situated.
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APPEAL, by the defendants, from a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the judge’s minutes. The action was founded on the statute of April 13, 1855, by which compensation was given to parties whose property should be destroyed by mobs or riots, by action against the city or county in which the property was situated. (Laws of 1855, ch. 428, p. 800.) The complaint alleged the destruction of the plaintiff’s floating elevator, which, at the time of its destruction, was in the Atlantic basin, on the Hew York side of the boundary…
1Opinion of the Court
By the Court, Ingraham, P. J.
The main question in this case was decided against the defendants in 36 N. Y. 661. Although they were not parties to that action, still the decision in that case would undoubtedly control the court in the present action. The only questions, therefore, which it is necessary for us to examine are those raised upon the trial as to the admission of evidence, and as to the title to the property.
The action was to recover the value of an elevator, destoyed in a riot. One witness—Phillips—testified that he had seen the elevator, and the machinery, most of it, except the…
2Cases cited2 opinions
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Orr v. . the City of BrooklynNew York Court of Appeals · 1867
3Cited by2 opinions
- McColl v. FraserNew York Supreme Court · 1886
- Wallingford v. KaiserAppellate Division of the Supreme Court of the State of New York · 1906