Williams v. Kenney
New York Supreme Court
This was ail appeal by the defendant from a judgment entered upon the report of a referee, and from an order entered at a special term, denying a motion to set aside said report and the judgment entered thereon.
1Opinion of the Court
By the Court, Johnson, J.
I am unable to perceive any ground upon which this action can be sustained against the defendant. There is no dispute about the facts, at least as to those which lie at the foundation of the action. The defendant was the owner of the soil in the highway.. The plaintiff owned the premises adjacent, up to the highway. The defendant sold to one Pratt a bank of sand, -within the bounds of the highway, which was suitable for building purposes, and which Pratt had the privilege of removing; but he was not to dig so as to injure the highway or the plaintiff’s premises. The…
2Cited by7 opinions
- Robert v. . SadlerNew York Court of Appeals · 1887
- Kansas City Northwestern Railroad v. SchwakeSupreme Court of Kansas · 1904
- Higgins v. . ReynoldsNew York Court of Appeals · 1865
- Town of Glencoe v. ReedSupreme Court of Minnesota · 1904
- Informal Opinion No., New York Attorney General Reports1988
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