Legal Opinion

Dixon v. New York Trap Rock Corp.

New York Court of Appeals

Decided November 30, 1944PublishedCited by 36 opinions

1Opinion of the CourtLoughran, J.

The plaintiffs are husband and wife and, as tenants by the entirety, are the owners of a dwelling-house property in the county of Dutchess. Their complaint alleges that this house was injured and the health of the female plaintiff impaired through vibration of the earth caused by blasts that from time to time were exploded by the defendant at its neighboring rock quarry.

The blasting operations admittedly were of a customary sort. There was evidence, however, that actual injury thereby done to the house of the plaintiffs was substantial and continuous and greatly diminished the value of the…

2Cases cited9 opinions

  1. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  2. Campbell v. . SeamanNew York Court of Appeals · 1876
  3. Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
  4. McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
  5. Sullivan v. . DunhamNew York Court of Appeals · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
  2. New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
  3. Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
  4. Volunteer Fire Ass'n of Tappan, Inc. v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 2012
  5. Sterling v. Velsicol Chemical Corp.District Court, W.D. Tennessee · 1986

31 more not listed; retrieve them via the Exa API.

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