Riley v. Continuous Rail Joint Co. of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Oontinnons Rail Joint Company of America, from a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Rensselaer on the 22d day of May, 1905, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 19th day of May, 1905, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Oontinnons Rail Joint Company of America, from a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Rensselaer on the 22d day of May, 1905, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 19th day of May, 1905, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff was the owner of two lots of land in Troy which extended from á street on the east to the lands of the New York Central and Hudson River Railroad Company on the west, a…
1Opinion of the Court
Chase, J.:
That the landslide was caused by the defendant’s removing the lateral support from the plaintiff’s lot is not disputed. It is claimed,however, that such support was removed by the defendant on its own land while engaged in doing a lawful act for a lawful purpose, and that the plaintiff’s damage must be regarded as damnum absque ' injuria, and the case of Radcliff’s Executors v. Mayor, etc., of Brooklyn (4 N. Y. 195) is cited as authority for such contention.
The owner of lands burdened with buildings or structures which" increase the lateral pressure is not entitled to have such…
2Cases cited9 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Dorrity v. . RappNew York Court of Appeals · 1878
- Farrand v. MarshallNew York Supreme Court · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Prete v. CraySupreme Court of Rhode Island · 1928
- Bergen v. Morton Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Noone v. PriceWest Virginia Supreme Court · 1982
- Miller v. StateNew York Court of Claims · 1950
- Wolcott v. StateNew York Court of Claims · 1950
8 more not listed; retrieve them via the Exa API.