Panton v. Holland
New York Supreme Court
THIS was an action on the case. The declaration stated that the plaintiff was lawfully possessed of -a certain messuage, or dwelling-house, in the city of New-YorJc; yet that the defendant, well knowing the premises, but contriving, and rna-liciously intending, to injure and aggrieve the plaintiff, and to deprive him of the use, benefit, and advantage of his said messuage, dug up the soil and earth of a certain lot of ground contiguous, and adjoining to the plaintiff’s…
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THIS was an action on the case. The declaration stated that the plaintiff was lawfully possessed of -a certain messuage, or dwelling-house, in the city of New-YorJc; yet that the defendant, well knowing the premises, but contriving, and rna-liciously intending, to injure and aggrieve the plaintiff, and to deprive him of the use, benefit, and advantage of his said messuage, dug up the soil and earth of a certain lot of ground contiguous, and adjoining to the plaintiff’s messuage, close to the said messuage, and threw and carried away the soil and earth coming thereout, in so much, that by the…
1Opinion of the Court
*Woodwokth, I.,
delivered the opinion of the court. The plaintiff alleges, in his declaration, that the defendant, “maliciously intending to injure the plaintiff, and to deprive him of the use and advantage of his messuage, dug up the soil of a certain lot contiguous, whereby the foundation walls were subverted, and a great part of the messuage foundered and fell, and the residue wars greatly broken and shattered.”
At the trial, the defendant moved for a nonsuit, on the ground that, the declaration being founded on the malfeasance, and not the misfeasance, of the defendant, the question of…
2Cases cited1 opinion
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
3Cited by58 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Cahill v. EastmanSupreme Court of Minnesota · 1872
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