Legal Opinion

Mckenzie v. Hatton

New York Court of Common Pleas

Decided December 23, 1895Published

Appeal from trial term. Action by Jane McKenzie and others against Loftns D. Hatton. From a j udgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiffs appeal.

1Opinion of the CourtBischoff, J.

Plaintiffs, the personal representatives and trustees under the last will and testament of one Alexander McKenzie, the owner and lessor of certain premises in the city of New York, sued his tenant for damages to such premises, sustained, as alleged, by reason of the latter’s interference with the necessary operations of certain parties when engaged in shoring up the wall of the building for its lateral support, the abutting lot being in process of excavation. Laws 1882, c. 410, § 474, amended Laws 1885, c. 456. And see Mackenzie v. Hatton, 6 Misc. Rep. 153, 26 N. Y. Supp. 873; Id., 9 Misc.…

2Cases cited2 opinions

  1. McKenzie v. HattonNew York Court of Common Pleas · 1894
  2. Mackenzie v. HattonNew York Court of Common Pleas · 1893

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