Adamson v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York,'from a judg.ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of October, 1904, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 18th day of October, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
I think that this case is within the reasoning and the rule of Duryea v. Mayor, etc., of New York (10 Daly, 300; affd., 100 N. Y. 625). In the afternoon of election day, 1901, a crowd varying at different times from" eight to thirty, made up of “ young fellows, men, a lot of boys,” with an axe, a crowbar, a rope and sticks, partially demolished an unoccupied and somewhat dilapidated frame" . tenement in the borough of Brooklyn. As one or another would tear away a window sill, a railing, a part of the stairs or the like, he would carry it off and then return. The police were notified…
2Cases cited4 opinions
- People v. . MostNew York Court of Appeals · 1891
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- People v. JudsonNew York Court of Common Pleas · 1849
- Duryea v. Mayor of New YorkNew York Court of Common Pleas · 1882