Lester v. Mayor of New York
New York Supreme Court
Appeal from circuit court, New York county. Action by Asbury Lester against the mayor, aldermen, and com-of the city of New York. The complaint was dismissed,- and plaintiff appeals.
1Opinion of the CourtFollett, J.
It is not alleged in tbe complaint, nor was it proved on the trial, that the site selected for the work was an improper one; that the work was negligently performed; or that any of the structures or machinery were unnecessary. In short, there is no allegation or evidence that the aqueduct commissioners,, or any of the defendant’s agents, or the contractors or their servants, were negligent. Nor is there any allegation or evidence that trespasses were committed on the plaintiff’s premises. Before this-action was begun, the work complained of had been completed,, the structures removed, and the…
2Cases cited8 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Atwater v. Trustees of Village of CanandaiguaNew York Court of Appeals · 1891
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
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3Cited by6 opinions
- Bates v. HolbrookAppellate Division of the Supreme Court of the State of New York · 1901
- Bates v. HolbrookNew York Supreme Court · 1901
- Bohnsack v. McDonaldNew York Supreme Court · 1899
- Newman v. Bradley Contracting Co.Appellate Terms of the Supreme Court of New York · 1917
- Bates v. . HolbrookNew York Court of Appeals · 1902
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