Smith v. Felt
New York Supreme Court
THIS action was brought to recover damages for an injury done to the property of the plaintiff by the defendants.The action was referred to a referee, who found the following facts : ■ 1. That at all the times mentioned in the complaint, and for a- considerable time previously, the plaintiff was, and she still is, the owner of the premises in the complaint mentioned," situate- on; the corner of Fifth Avenue and One Hundred and-Thirty-first street, in the city of New York. .…
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THIS action was brought to recover damages for an injury done to the property of the plaintiff by the defendants.The action was referred to a referee, who found the following facts : ■ 1. That at all the times mentioned in the complaint, and for a- considerable time previously, the plaintiff was, and she still is, the owner of the premises in the complaint mentioned," situate- on; the corner of Fifth Avenue and One Hundred and-Thirty-first street, in the city of New York. . 2. That the plaintiff, on the 8th day of December, 1858, by indenture of. lease, bearing date that day, leased the said…
1Opinion of the CourtGeorge G. Barnard, P. J.
The evidence was sufficient to charge the defendant George H. Felt. He was present at the" commission of the injury. He had heard his mother had been threatened, and went with her, to see that she was •net annoyed or insulted. He told the tenant in possession, who remonstrated with his mother, that he had better attend to "his business and let the plaintiff’s husband attend to his. He personally knocked the fence from the cow house with an axe and continued present during the whole time of the removal of the property.
The action was properly brought. The injury was to the inheritance, and was…
2Cases cited2 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Frost v. DuncanNew York Supreme Court · 1855
3Cited by4 opinions
- Banker v. . BankerNew York Court of Appeals · 1875
- Williams v. HackerSupreme Court of Colorado · 1891
- Hirsch v. TrainerNew York Supreme Court · 1877
- Burton v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911