Straus v. Buchman
Appellate Division of the Supreme Court of the State of New York
Apíeal by the defendants, Albert Buchman and another, from'a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day. of March, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of March, 1903, denying the defendants’ motion for a new trial made upon the minutes.
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Apíeal by the defendants, Albert Buchman and another, from'a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day. of March, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of March, 1903, denying the defendants’ motion for a new trial made upon the minutes. The plaintiff purchased a partially completed building in the city of New York and employed the defendants as architects to superintend and supervise the remainder of the work to be performed thereon,…
1Opinion of the Court
McLaughlin, J.:
The judgment appealed from is attacked principally upon two grounds : (1) That the evidence did not establish negligence on the *272part of the defendants; and (2) that there was no competent evidence of damage. I am of the opinion that the evidence sustained the verdict, both as to the defendants’ negligence and as to the damages suffered by the plaintiff by reason thereof.
It appeared that the building was completed in 1894; that the plaintiff immediately went into occupancy of it, and shortly thereafter the floors on the second story near the center of the house began to settle,…
2Cases cited1 opinion
- Shipman v. StateWisconsin Supreme Court · 1877
3Cited by9 opinions
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- Bebb v. JordanWashington Supreme Court · 1920
- Nave v. McGraneIdaho Supreme Court · 1910
- Bott v. MoserSupreme Court of Virginia · 1940
- Schwartz v. KuhnNew York Supreme Court · 1911
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