Schile v. . Brokhahus
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought by plaintiff to recover damages for an alleged trespass.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought by plaintiff to recover damages for an alleged trespass. Plaintiff was lessee of certain premises in the city of New York, which he occupied as a residence and for the carrying on of his business, which was that of manufacturer of and dealer in pictures, lithographs and furniture. The trespass complained of was the tearing down of a portion of the partition…
1Opinion of the Court
Churci-i, Ch. J.
This case is somewhat confused both as to the principles applicable to it, and the facts developed on the trial. The right of the defendant to replace the old party-wall with another suitable for the new building which he was about to erect seems not to have been considered or determined. The case was tried upon the theory that the defendant in disregard of the rights of the plaintiff and his lessor, commenced to tear down the old Wall, claiming that it stood entirely upon his own land, and intending to erect a now wall for himself, without giving the plaintiff’s property any…
2Cases cited9 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Muller v. . McKessonNew York Court of Appeals · 1878
- Bagley v. . SmithNew York Court of Appeals · 1853
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Weinman v. De PalmaSupreme Court of the United States · 1914
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- State v. TamlerOregon Supreme Court · 1890
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
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