Batchelor v. Hinkle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosanna Batchelor, from a judgment of the Supreme Court in favor of the plaintiff for nominal damages, entered in the office of the clerk of the county of New York on the 21st day of February, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, in so far as said judgment virtually refuses the plaintiff injunctive relief and fixes her damages at one dollar.
1Concurrence
Laughlin, J. (concurring):
I concur in the opinion of Presiding Justice Ingraham excepting in so far as it expresses the view that the circumstances under which the building in question was erected are such that five feet on the front of the building should be removed and that the defendants should not be permitted to maintain the building on compensating the plaintiff for the damages caused by the violation of the restrictive *626covenant which this court on the former appeal (132 App. Div. 620) construed as giving the plaintiff an easement in that part.of the premises-of the defendants reserved…
2Cases cited8 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Stowers v. . GilbertNew York Court of Appeals · 1898
- Crocker v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Deeves v. ConstableAppellate Division of the Supreme Court of the State of New York · 1903
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