Brennan v. Schreiner
The Superior Court of the City of New York and Buffalo
Action by Margaret Brennan, to enjoin Joseph Gallick and Joseph Schreiner from blasting rock to plaintiff’s injury. Defendants demur. Interlocutory judgment for plaintiff on the demurrer.
1Opinion of the CourtMcAdam, J.
Sic utere tua wb alienum non Icedas, the maxim which expresses the only restriction which the law places upon the ownership of property, is invoked by the plaintiff, and is made applicable by the allegation that the rock on which plaintiff’s house rests extends a considerable depth *131below the surface, and forms part of a stratum of rock extending over the adjoining lots, and is one and the same mass of rocks blasted by the defendants; and by the further allegation that it is impossible to remove said rock immediately adjoining said plaintiff’s premises, even with the greatest care, without…
2Cases cited4 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Congreve v. . SmithNew York Court of Appeals · 1858
- Engel v. Eureka ClubNew York Supreme Court · 1891
- Buddin v. FortunatoNew York Court of Common Pleas · 1890
3Cited by2 opinions
- Maltbie v. BoltingThe Superior Court of the City of New York and Buffalo · 1893
- Rafter v. TagliabueThe Superior Court of the City of New York and Buffalo · 1892