Hart v. Ryan
New York Supreme Court
Appeal from circuit court, Onondaga county. The plaintiff, Charles II. Hart, alleges in his complaint that .he is the -owner of lots 17 and 18, in block 82, in Syracuse; that in April, 1884, the defendants, John E. Ryan, Dominick Rafferty, and Peter Iilink, wrongfully and negligently excavated the land adjacent to plaintiff’s said land on the east side thereof, and took away soil therefrom without leaving sufficient support for the soil of the plaintiff’s land in its natural…
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Appeal from circuit court, Onondaga county. The plaintiff, Charles II. Hart, alleges in his complaint that .he is the -owner of lots 17 and 18, in block 82, in Syracuse; that in April, 1884, the defendants, John E. Ryan, Dominick Rafferty, and Peter Iilink, wrongfully and negligently excavated the land adjacent to plaintiff’s said land on the east side thereof, and took away soil therefrom without leaving sufficient support for the soil of the plaintiff’s land in its natural state, and that plaintiff’s land sank away; and plaintiff also alleges that in the month of April, 1884, defendants…
1Opinion of the CourtHardin, P. J.
1. It was held in Panton v. Holland, 17 Johns. 92, that “a person, on building a house contiguous and adjoining to the house of another, may lawfully sink the foundation of his house below the foundation of his neighbor, and is not liable for any consequential damage, provided he has used due care and diligence to prevent any injury to the house of the other.” When the defendants’ motion for a nonsuit was made there was a conflict in the evidence in respect to some of the facts bearing upon the question of care and caution of the defendants in making the excavations complained of, and there…
2Cases cited7 opinions
- Blake v. . FerrisNew York Court of Appeals · 1851
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Panton v. HollandNew York Supreme Court · 1819
- Creed v. . HartmannNew York Court of Appeals · 1864
- People v. . O'NeillNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. LeachNew York Court of Appeals · 1895