Viele v. Paving
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mack Paving and Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of 'Westchester on the 6th day of May, 1-910, upon the verdict of a jury for $281, and also from -an order entered in said clerk’s office on the 10th day of June, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The defendant appeals from a judgment in favor of the plaintiff in- an action to recover damages for injuries to his house, caused by vibration and concussion attending blasting by the defendant, who was a contractor engaged in the construction of a public sewer. The only question for our consideration is whether there ■ was negligence in the manner and method of doing the work.
The plaintiff’s house was situated oh a hill at an elevation of 100 feet above the point of blasting and about 100 feet distant from it horizontally. His case rests on the testimony of one Landy, who was the…
2Cases cited2 opinions
- Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
- Henry Hall Sons' Co. v. Sundstrom & Stratton Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- Horn v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Schlansky v. Augustus V. Riegel, Inc.New York Court of Appeals · 1961
- Shemin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958
- Schlansky v. Augustus V. Riegel, Inc.New York Court of Appeals · 1961
- Schlansky v. Augustus V. Riegel, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
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