Mott v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, H. Cassius Lewis and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of December, 1898, upon the verdict of a jury for -$450, and also from an order bearing date the 8th day of December, 1898, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, H. Cassius Lewis and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of December, 1898, upon the verdict of a jury for -$450, and also from an order bearing date the 8th day of December, 1898, and entered in said clerk’s office, denying the defendants’ motion for a new trial made upon the minutes. This action was commenced August 31, 1897, for trespass in piling dirt upon the premises, of the plaintiff in the city of Syracuse. The alleged trespass was committed by…
1Opinion of the Court
Spring, J.:
The plaintiff was the owner of two houses on the west side of Cortland avenue'in the city of Syracuse. In the street in front of *559his premises there had heen for many years an approach to a bridge, filled in with dirt, which elevated the roadbed about ten feet above the plaintiff’s land. There was no sidewalk adjacent to the plaintiff’s lot and one was directed to be constructed by the city authorities. This required filling in with dirt to the street line along plaintiff’s premises, and the earth drawn in was placed upon his lots as no retaining wall or support was constructed to…
2Cases cited8 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- Stowers v. . GilbertNew York Court of Appeals · 1898
- Carll v. Village of NorthportAppellate Division of the Supreme Court of the State of New York · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Petzold v. StateNew York Court of Claims · 1952
- B & R Luncheonette Inc. v. Fairmont Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- Burk v. High Point Homes, Inc.New York Supreme Court · 1960
- West v. StateNew York Court of Claims · 1954
- Morison v. American Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1906
3 more not listed; retrieve them via the Exa API.