Eastman v. Mayor of New York
The Superior Court of New York City
This was an action brought against the corporation of the city of New York, by the plaintiff, for damages by reason of injury done to or the destruction of 157 boxes or cases, with their contents, consisting of 3143 carbines, claimed by him to have been injured or destroyed in July, 1863, in consequence of a riot in that city.
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This was an action brought against the corporation of the city of New York, by the plaintiff, for damages by reason of injury done to or the destruction of 157 boxes or cases, with their contents, consisting of 3143 carbines, claimed by him to have been injured or destroyed in July, 1863, in consequence of a riot in that city. Such cases and carbines were alleged to have been at the time of such supposed injury or destruction, taken from the fifth story of a building, at the corner of an avenue (Second) and a street (Twenty-second) in such city, used by a gunsmith (Marston) as a work shop or…
1Opinion of the Court
Robertson, Ch. J.
If there were any means’ of escape from the binding authority of the decision in the court of highest resort in this state in the case of Darlington v. The Mayor, &c. of New York, (31 N. Y. Rep. 164,) a very serious question would arise, to wit, how far the statute of 1855, under which the plaintiff claims, (N. Y. Sess. Laws of 1855, ch. 428,) was repealed, as to the cities of New York and Brooklyn and the whole metropolitan district, by the passage of the metropolitan police act of 1857. (New York Sess. Laws of 1857, ch. 569.) So gross an injustice could hardly he presumed…
2Cases cited2 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Davidson v. Mayor of New YorkThe Superior Court of New York City · 1864