Gardner v. Heartt
New York Supreme Court
Case, tried at the Rensselaer circuit in November, 1845, before Parker, C. Judge. The declaration was for negligence in removing earth from a hill called Mount Ida, belonging to the defendant, adjacent to several lots owned by the plaintiff, by means of which, portions of the hill were caused to slide down upon the plaintiff’s lots, and thereby greatly injured the same.
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Case, tried at the Rensselaer circuit in November, 1845, before Parker, C. Judge. The declaration was for negligence in removing earth from a hill called Mount Ida, belonging to the defendant, adjacent to several lots owned by the plaintiff, by means of which, portions of the hill were caused to slide down upon the plaintiff’s lots, and thereby greatly injured the same. The second count set forth that the plaintiff was the owner of a mortgage given to him by one D. D. Day, to, secure $500 and certain other sums, as the purchase price of a piece of land which the plaintiff had sold to Day,…
1Opinion of the Court
By the Court, Beardsley, J.
The only right set up by the plaintiff in the second count, is that of a mortgage lien in'his favor, no title to or possession of the land mortgaged being asserted. It is not stated in this count that the mortgage money was due, but simply' that it was secured by - the mortgage and unpaid. The injury complained of is alleged to have resulted from the defendant’s negligence, by which the earth was caused to slide upon the land mortgaged, whereby the value thereof, and of said mortgage, as the count has it, was-destroyed. The gravamen of the action as stated in this…
2Cases cited3 opinions
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- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
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