Wolff v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Wolff, from a. judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of September, 1903, upon the decision of the court, rendered after a trial at the New York Trial Term, a jury having been waived, dismissing the complaint upon the merits.
1DissentMcLaughlin, J.
I dissent. The vault in question existed without objection, so far as appears, from any one or the city, from 1853 to the time the demand was made for the payment of the money, to recover which this action is brought. This being so, a presumption under the rule laid down in Deshong v. City of New York (176 N. Y. 475) prevailed that it. was originally constructed with the consent of the municipal authorities, and this presumption was not overcome by any proof offered- at the. trial. It is unquestionably true that the right of the public to the use of the streets is absolute and paramount to…
2Cases cited2 opinions
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- People ex rel. Ziegler v. CollisAppellate Division of the Supreme Court of the State of New York · 1897