Denken v. Canavan
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the justice of the Eight District Court, in favor of the plaintiff, for $55 damages besides costs. The action was for “ damages caused by negligent blasting.”
1Opinion of the CourtDaly, P. J.
The plaintiff was the owner of a. tenement-house, and the defendants were blasting rock in excavating - upon their premises which adjoined her rear yard. , The effect of the blasting was -to threaten the ¡stability of her rear fence and a tall clothes - pole used by her tenants, which was planted in the soil of her yard near the said fence. It was imbedded in about four feet of soil, resting upon rock, and this soil was deprived of its support by the defendants’ excavation.
Defendants, as is claimed by them, under permission of plaintiff’s son, entered her yard, removed the braces supporting…
2Cases cited3 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Dorrity v. . RappNew York Court of Appeals · 1878
- Morgan v. BowesNew York Supreme Court · 1891