Luke v. City of Brooklyn
New York Supreme Court
THE plaintiffs obtained a verdict in this action, under the act of the 13th of April, 1855,(a) “to provide for compensating parties whose property may be destroyed in consequence of mobs or riots.” The property destroyed was a grain elevator of great value, situate at the Atlantic dock, upon the Brooklyn side of Hew York bay, on the night of the 15th of July, 1863, during the prevalence of the Hew York riots. Judgment was entered upon the verdict, and the defendants appealed.
1Opinion of the Court
By the Court,
Brown, J.
The question of the carelessness and negligence of the plaintiffs, and their reasonable diligence to avert the injury, arose upon the evidence, in the process of the trial. It was distinctly presented by the judge to the jury, without exception, and as they found it in favor of the plaintiffs, the verdict upon the point can not be disturbed. So, also, a question was raised in regard to the locus in quo; the defendant insisting that the building destroyed was not within the city of Brooklyn. It was situated on what is called the south middle pier of the Atlantic dock,…
2Cases cited3 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Udall v. TrusteesNew York Supreme Court · 1821
3Cited by8 opinions
- City of Chicago v. Manhattan Cement Co.Illinois Supreme Court · 1899
- Moody v. Board of SupervisorsNew York Supreme Court · 1866
- Orr v. . the City of BrooklynNew York Court of Appeals · 1867
- Tebo v. . City of BrooklynNew York Court of Appeals · 1892
- Atlantic Dock Co. v. City of BrooklynNew York Court of Appeals · 1867
3 more not listed; retrieve them via the Exa API.