Mairs v. . Manhattan Real Estate Ass'n.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 20,1880, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 15 J. & S. 31.) This action was brought originally by the members of the firm of F. S. Weeks & Co. to recover damages to their stock of goods occasioned by the alleged wrongful acts of the defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made December 20,1880, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order denying a motion for a new trial. (Reported below, 15 J. & S. 31.) This action was brought originally by the members of the firm of F. S. Weeks & Co. to recover damages to their stock of goods occasioned by the alleged wrongful acts of the defendant. After the commencement of the action said firm became bankrupts, and the present plaintiffs, as assignees in…
1Opinion of the CourtBapallo, J.
The most important points in this case are those which arise upon the rulings of the judge at the trial, that the defendants were liable for the damages caused by the flooding on the 27th of July, 1873, and that they were also liable for the damage on the 29th of August, if it arose from the same cause as that in July, and his refusal to submit to the jury any questions as to the liability of the defendants, except those relating to the amount of damages.
As the complaint was originally framed, the injury was ¡alleged to have been caused by the excavation by the defend ants of their own lot…
2Cases cited9 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Irvine v. . WoodNew York Court of Appeals · 1872
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
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3Cited by41 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Phillips v. Sun Oil Co.New York Court of Appeals · 1954
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
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