Legal Opinion
Nordone v. Mondo
Appellate Division of the Supreme Court of the State of New York
Decided June 27, 1945PublishedCited by 2 opinions
1Opinion of the Court
Judgment and order modified on the law and .facts in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: We reach the conclusion that all of plaintiffs’ damages could not have resulted from trespass. Some part, at least, must have been caused by vibration of the substrata of rock as the result of blasting in the sewer ditch. For such damage no recovery can be had except on a finding of negligence. (Booth v. R., W. & O. T. R. R. Co., 140 N. Y. 267; Coley v. Cohen, 289 N. Y. 365, 370.) We find the record insufficient to warrant a…
2Cases cited4 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Coley v. CohenNew York Court of Appeals · 1942
- Carhart v. StateAppellate Division of the Supreme Court of the State of New York · 1906
- Burt Olney Canning Co. v. . StateNew York Court of Appeals · 1921
3Cited by2 opinions
- Doralee Estates, Inc. v. Cities Service Oil Company, and Third-Party v. Mgo Corp. And Monticello Gas & Oil Co., Inc., Third-PartyCourt of Appeals for the Second Circuit · 1977
- Thomas v. Hendrickson Bros.Appellate Division of the Supreme Court of the State of New York · 1968