Vogel v. . the Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 20, 1881, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The title to a street, when acquired by the city, is vested in it in fee. (Val.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 20, 1881, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The title to a street, when acquired by the city, is vested in it in fee. (Val. Laws, 1198.) The power of the city to regulate and grade streets exists only in regard to streets of or belonging to it. (Val. Laws, 1190, 1191.)…
1Opinion of the CourtEarl, J.
This action was brought to recover damages, for injuries to two houses belonging to the plaintiff, and for consequent loss and diminution of rents, by reason of water turned and caused to flow, from time to time, between August, 1858> and December, 1874, into and upon the premises of the plaintiff, situated on the south-east corner of Second avenue and Fortieth street, in the city of blew York. The plaintiff was non-suited upon the trial, and from the judgment entered against him upon the nonsuit, he appealed to the General Term, and from affirmance there, to this court.
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2Cases cited5 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Blake v. . FerrisNew York Court of Appeals · 1851
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- Osborn v. Union Ferry Co.New York Supreme Court · 1869
- Gordon v. SearingCalifornia Supreme Court · 1857
3Cited by33 opinions
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
- Gallagher v. United States Lines Co. (T. Hogan & Sons, Inc., Third Party Defendant)Court of Appeals for the Second Circuit · 1953
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