Legal Opinion

Churchill v. Wagner

City of New York Municipal Court

Decided May 15, 1898PublishedCited by 1 opinion

Appeal from a judgment of dismissal in favor of defendants also appeal fróm a-judgment in favor of plaintiff, entered upon a verdict,

1Opinion of the CourtConlan, J.

This case comes before us upon a cross-appeal, thq plaintiffs appealing from a judgment of dismissal as to- the defendant Wagner, and the defendant Lubecke appealing from a judgment against him, entered upon a verdict in favor of the plaintiffs. .

The gravamen of the complaint is negligence of the defendants in blasting rock upon lands adjoining those of the plaintiffs and for. damages claimed as a.consequence thereof.

The defendant Wagner, a ¡contractor and builder, entered into a contract to erect a building upon lands adjoining those of the plaintiffs on Washington avenue, New York city, and…

2Cases cited2 opinions

  1. Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
  2. Allis v. . WheelerNew York Court of Appeals · 1874

3Cited by1 opinion

  1. Lyman v. RuehlNew York Supreme Court · 1900

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