Blunt v. McCormick
New York Supreme Court
Error from the Albany common pleas. McCormick sued Blunt in the justice’s court of the city of Albany, in August, 1845, and declared in case, for that whereas the defendant demised to the plaintiff certain premises in Albany for one year from May 1, 1845, for the rent of $300, and afterwards and during the term erected certain buildings adjoining the demised premises, which shut out the light from the windows and doors of the demised premises, to the plaintiff’s damage &c.
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Error from the Albany common pleas. McCormick sued Blunt in the justice’s court of the city of Albany, in August, 1845, and declared in case, for that whereas the defendant demised to the plaintiff certain premises in Albany for one year from May 1, 1845, for the rent of $300, and afterwards and during the term erected certain buildings adjoining the demised premises, which shut out the light from the windows and doors of the demised premises, to the plaintiff’s damage &c. Upon the general issue pleaded, the plaintiff had judgment in the justice’s court and the defendant appealed to the…
1Opinion of the Court
By the Court, Beardsley, J.
The rule of damages laid down by the court below was erroneous. In this action the plaintiff" could only recover for injuries actually sustained before suit brought, and not for supposed prospective damages. Sup*284posing the lease to contain a covenant not to obstruct the light, and the action to have been brought on such covenant, the rule of damages would be otherwise, for the covenant being a single cause of action, one recovery upon it would be an absolute bar to any future action. But a recovery in an action on the case for obslructing'the light prior to the time…
2Cited by20 opinions
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- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
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