Page v. . Dempsey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Jan-nary 19, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is liable for aiding, abetting and assisting in the creation of a nuisance and in its maintenance for nearly a month.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Jan-nary 19, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is liable for aiding, abetting and assisting in the creation of a nuisance and in its maintenance for nearly a month. (Campbell v. U. S. F. Co., 73 Hun, 576; Simmons v. Everson, 124 N. Y. 319 ; Morris v. Barrisford, 9 Misc. Rep. 14; Campbell…
1Opinion of the CourtEdward T. Bartlett, J.
The plaintiff is the owner of the house and lot No. 330 West Fifty-first street, in the borough of Manhattan, city of New York. The lot is about thirty feet in width and one hundred feet deep, upon which is a five-story brick and stone apartment house, containing space for ten families. In July, 1902, the lot immediately east of these premises was vacant, and workmen were engaged thereon in blasting rock in order to excavate for a cellar.
The complaint alleges that the defendant was a contractor engaged in the work, and that on several days in the month of July, 1902, on the 12th, 15th, 17th,…
2Cases cited5 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Tremain v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Miller v. New York & North Shore Railway Co.New York Court of Appeals · 1905
3Cited by17 opinions
- Watson v. Mississippi River Power Co.Supreme Court of Iowa · 1916
- Hickey v. McCabe BihlerSupreme Court of Rhode Island · 1910
- Horn v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Derrick v. KellyAppellate Division of the Supreme Court of the State of New York · 1910
- Tinsley v. WoodsSupreme Court of Colorado · 1957
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