Niggli v. Foehry
New York Supreme Court
Appeal from circuit court, Monroe county. Action by Ida Mggli against Frank X. Foehry and another. From a judgment entered on a verdict in favor of defendants, and from an order denying a motion for a new trial, made on the minutes of the court, plaintiff appeals.
1Opinion of the CourtLewis, J.
This action was brought to recover the value of a ■quantity of building stone, which it was alleged in the complaint the defendants had quarried and taken from the plaintiff’s premises in the city of Rochester, without her consent. It was a disputed question of fact upon the trial whether the defendants had taken any stone from the plaintiff’s premises. The defendants owned lands adjoining the plaintiff’s lot, upon which there was a stone quarry, which they were engaged in working. It was the claim of the plaintiff that, in quarrying stone, they trespassed upon and took stone from her…