St. Peter v. . Denison
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought for injuries sustained 'by.plaintiff resulting from the'falling upon him of a quantity of earth and stone thrown from the bed of the Erie canal by a blast in the progress of the work of enlargement.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought for injuries sustained 'by.plaintiff resulting from the'falling upon him of a quantity of earth and stone thrown from the bed of the Erie canal by a blast in the progress of the work of enlargement. The referee found substantially the following facts: That in February, 1870, the defendant, under and in pursuance of a contract entered into by him with the State of Flew York for that purpose, was…
1Opinion of the CourtFolger, J.
Even if it should be conceded that the defendant had the right, from being a contractor with the State, to do all that which the State might do,.in the progress of the work; I do not think that this would justify him, in the state of facts which this case presents,'in casting material upon the premises of a private owner, upon which the plaintiff was lawfully engaged. The State could not intrude upon the lawful possession of a citizen, save in accordance with law. Unless authorized by law so to do, the casting of stone from the bed of the canal upon the land of an adjoining proprietor, either…
2Cases cited5 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Lyon v. JeromeNew York Supreme Court · 1841
- Tremain v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Wheelock v. YoungNew York Supreme Court · 1830
- Lynch v. StoneNew York Supreme Court · 1847
3Cited by69 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
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