Barrick v. . Schifferdecker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 17, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 17, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiffs by reason of defendant, an adjoining land owner, using the building upon his premises as an ice-house, and by the melting of the ice occasioning a dampness which struck through the walls of plaintiffs’ dwelling. The facts, so far as material, are stated in the opinion. The court erred in…
1Opinion of the CourtFinch, J.
The principal question raised on this appeal relates to the measure of damages. The parties were adjoining owners, and the defendant using her building for the storage of ice, caused injury to the plaintiffs’ dwelling-house. The melting of the ice occasioned a dampness which struck through the walls of the dwelling, and, beyond an injury to the structure, made it so unsafe and unfit for occupation as to have seriously diminished its rental value. The plaintiff brought an equitable action so far as the relief demanded was concerned. She asked for an injunction to prevent • the continuance of…
2Cited by13 opinions
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- Slavin v. . StateNew York Court of Appeals · 1897
- Champagne v. HameySupreme Court of Missouri · 1905
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