Churchill v. Wagner
City of New York Municipal Court
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
- Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
- Allis v. . WheelerNew York Court of Appeals · 1874
3Cited by1 opinion
- Lyman v. RuehlNew York Supreme Court · 1900