French v. . Vix
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made February 8, 1893, which sustained defendants’ exceptions, set aside a verdict in favor of plaintiff and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Appeal will lie to this, court. The verdict for. plaintiff settles all controverted questions.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made February 8, 1893, which sustained defendants’ exceptions, set aside a verdict in favor of plaintiff and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Appeal will lie to this, court. The verdict for. plaintiff settles all controverted questions. (M. N. Bank v. Sirret, 97 N. Y. 320; O'Brien v. Jones, 91 id. 193-196; Wolfahret v. Beekert, 92 id. 490, 497.) The only source in this action from which the interest of the…
1Opinion of the CourtEarl, J.
This action was brought to recover damages to the plaintiff’s house in the city of New York under" the following circumstances: One Henry owned a rocky lot adjoining the plaintiff’s house, and in Hay, 1891, he entered into a written contract with the respondents, whereby they agreed to build a house for him upon his lot, which contract contained the following clause: “And the parties of the second part further agree to become answerable and accountable for any damages that may be done to. the property or person of any neighbor or, passer-by during the performance of said work.” Subsequently…
2Cases cited2 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- McCafferty v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1874
3Cited by41 opinions
- Broderick v. Cauldwell-Wingate Co.New York Court of Appeals · 1950
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Moore v. Charles T. Wills, Inc.New York Court of Appeals · 1929
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