Duryea v. . Mayor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon an order denying a motion foro a new trial and directing judgment upon an order dismissing plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon an order denying a motion foro a new trial and directing judgment upon an order dismissing plaintiff’s complaint. (Reported below, 2 Hun, 293; 4 T. & C., 512.) This action was brought to recover damages alleged to have been occasioned by the flooding of certain premises, situate in New York city owned by plaintiff', by reason of the negligent and improper construction of sewers by defendants. Plaintiff claimed title under a deed from the city to the Farmers’…
1Opinion of the Court
Church, Ch. J.
It must be assumed that this case was tried, and the nonsuit granted, upon the theory that the deed from the mayor, etc., of the city of Hew York to the trust company, the plaintiff’s grantor, restricted the grantee and its assigns from filling up or using any portion of the land under water, conveyed by it, until required or authorized to do so by the city. The plaintiff offered to prove that he built a return wharf or open pier, on the north side of the premises which was outside of any street, that he filled in other portions of the land, and also offered to prove facts…
2Cited by32 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Clark v. . DevoeNew York Court of Appeals · 1891
- Kitching v. . BrownNew York Court of Appeals · 1905
- Grafton v. . MoirNew York Court of Appeals · 1892
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