Roemer v. . Striker
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 18, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting the contract with Donohue in evidence, for the reason that no such defense was set forth in the answer.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 18, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting the contract with Donohue in evidence, for the reason that no such defense was set forth in the answer. (Weaver v. Barden, 49 N. Y. 286 ; Griffin v. L. I. R. R. Co., 101 id. 354 ; Hay v. C. Co., 2 id. 160 ; Tremain v. C. Co., Id. 163…
1Opinion of the CourtO’Brien, J.
The plaintiff sought to recover damages which it was alleged she sustained in consequence of injuries to her house from blasting by the defendant while excavating upon his own land for the foundations of seven houses he was • engaged in building. The complaint alleged that the plaintiff owned the house which was injured, and that the defendant, in preparing to build on his lots, and in excavating the cellars, blasted the rock adjoining plaintiff’s premises in so careless, negligent and reckless a manner that the walls of plaintiff’s house were cracked, the plaster shaken off, the air shaft…
2Cases cited2 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
3Cited by21 opinions
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- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
- Berg v. . ParsonsNew York Court of Appeals · 1898
- Webb v. HardinArizona Supreme Court · 1939
- Godvig v. LopezOregon Supreme Court · 1949
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