Moody v. Mayor of New York
New York Supreme Court
OH the 24th of March, 1861, the plaintiff’s vessel was caught upon the northerly end of the pier at the foot of west Thirtieth street, Hew York, by an obstruction under water, and she thereby became a total loss. The complaint alleged, that her loss was “in consequence of the defective construction and dangerous condition of the said pier,” and that the defendants, “well knowing the same, neglected to properly construct and keep the said pier in repair.”
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OH the 24th of March, 1861, the plaintiff’s vessel was caught upon the northerly end of the pier at the foot of west Thirtieth street, Hew York, by an obstruction under water, and she thereby became a total loss. The complaint alleged, that her loss was “in consequence of the defective construction and dangerous condition of the said pier,” and that the defendants, “well knowing the same, neglected to properly construct and keep the said pier in repair.” The evidence presents the following facts: That the plaintiff was the owner of the vessel; her loss and value; that her loss was caused “by…
1Opinion of the Court
By the Court,
Clerke, J.
Hone of the cases cited by the counsel for the defendant are available for him. On the contrary, Cheetham v. Hampson (4 Term R. 318) is against him. A case (Rosewell v. Prior, Salk. 460) was cited by counsel, to show that an action was maintained against the owner of premises, who was not in possession, for a nuisance, in making an erection which stopped ancient lights. Bui-
*285[New York General Term, February 6, 1865.
ler, J., in delivering his opinion in Cheetham v. Hampson, refers to Rosewell v. Prior, and remarks that it was very distinguishable from the case then under…
2Cited by7 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Henson v. BeckwithSupreme Court of Rhode Island · 1897
- Keeler v. the Lederer Realty CorporationSupreme Court of Rhode Island · 1904
- Board of Health v. ValentineNew York Supreme Court · 1890
- Silva v. Inter-Island Steam Navigation Co.Hawaii Supreme Court · 1907
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