Schiellein v. Board of Supervisors
New York Supreme Court
HIS action was brought for damages resulting from the destruction, by a mob, composed for the most part, of soldiers, on the 7th day of December, 1862, of a building and contents belonging to the plaintiff. The property was situated at Bast New. York, in the county of Kings.
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HIS action was brought for damages resulting from the destruction, by a mob, composed for the most part, of soldiers, on the 7th day of December, 1862, of a building and contents belonging to the plaintiff. The property was situated at Bast New. York, in the county of Kings. The action is founded on the act of the legislature, entitled “ An act to provide for compensating parties whose property may be destroyed in consequence of mobs or riots,” passed April 13, 1855. (Laius 1855, chap. 428.) The plaintiff testified that he fled from his home before it was destroyed ; giving as a reason for so…
1Opinion of the Court
By the Court,
J. F. Barnard, J,
The object of the notice required by the act “ to provide for compensating parties whose property may be destroyed in consequence of mobs or riots,” passed April 13, 1855, was for the purpose of protection only. The notice is given to the sheriff, who can exert the power of the county if necessary. It is made this officer’s duty to take all legal means to protect the property, and if he neglect or refuse he is made individually liable for the damages sustained by the person who shall have given him notice. It is not intended to restrict the action against a city…
2Cited by6 opinions
- Scougale v. SweetMichigan Supreme Court · 1900
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Moody v. Board of SupervisorsNew York Supreme Court · 1866
- Long v. City of NeenahWisconsin Supreme Court · 1906
- Feinstein v. City of New YorkCity of New York Municipal Court · 1935
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