Ketcham v. . Newman
New York Court of Appeals
Appeal from judgment of the General Term of the Court ■of Common Pleas of the city and county of New York, entered upon an order made February 6,1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict and .also affirmed an order denying a motion directed by the court. This was an action of trespass.
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Appeal from judgment of the General Term of the Court ■of Common Pleas of the city and county of New York, entered upon an order made February 6,1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict and .also affirmed an order denying a motion directed by the court. This was an action of trespass. The plaintiffs were wholesale merchants and lessees of the first floor and basement of No. 632 Broadway, New York city, where they conducted the business of the sale of millinery goods. The defendants owned the adjacent lot on the south, and being about to' erect a new…
1Opinion of the Court
Andrews, Ch. J., The entry by the contractors upon the premises without the license and against the protest of the plaintiffs was a trespass, and rendered them hable for the damages sustained by the plaintiffs to their possession and to the merchandise in the store resulting from the unlawful entry. The liability would extend also to any person who advised or directed the unlawful acts. It was upon this principle that the court charged the jury that the defendants were liable if the entry was without the license of the plaintiffs. The court regarded the contract made by the defendants with…
2Cases cited1 opinion
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
3Cited by23 opinions
- Bigio v. Coca-Cola Co.Court of Appeals for the Second Circuit · 2012
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Foust v. KinneySupreme Court of Alabama · 1918
- Associates Discount Corp. v. HillaryCourt of Appeals of Maryland · 1971
- Gildersleeve v. HammondMichigan Supreme Court · 1896
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