Herman v. . City of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The building was not a nuisance on the 30th day of June, 1911, or at any time prior thereto, and the court erred in refusing to grant a nonsuit and to dismiss the plaintiff’s complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The building was not a nuisance on the 30th day of June, 1911, or at any time prior thereto, and the court erred in refusing to grant a nonsuit and to dismiss the plaintiff’s complaint. (Kleinberg v. Schwan, 134 App. Div. 493; 198 N. Y. 619; Murphy v. City of Brooklyn, 98 N. Y. 642; Sterger v. Van Sicklen, 132 N. Y.…
1Opinion of the CourtCollin, J.
Thus far, it has been adjudged that the appellant, city of Buffalo, created or participated in the creation of a nuisance which caused the death of the respondent’s intestate, and is liable to her for the resulting damages.
The alleged nuisance was a partially erected engine house. The foundation walls, the steel columns thereon supporting the trusses for the roof, those trusses and a part of the roof were constructed or placed when it collapsed while the intestate was at work upon the roof. Two contractors with the appellant for the construction, one subcontractor and the architect and…
2Cases cited14 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Hoffman v. City of BristolSupreme Court of Connecticut · 1931
- Fontenot v. Magnolia Petroleum Co.Supreme Court of Louisiana · 1955
- Devoke v. Yazoo M. v. R. Co.Supreme Court of Louisiana · 1947
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- Pearson v. Kansas CitySupreme Court of Missouri · 1932
35 more not listed; retrieve them via the Exa API.