Lacour v. Mayor
The Superior Court of New York City
Ttttr was au action brought to recover damages for the injuries which a factory and other buildings belonging to the plaintiff, situate at the corner of the Second avenue and Thirtieth street in the city of New York, were alleged to have sustained in consequence of an excavation in Thirtieth street which the defendants, it was charged, had wrongfully and unlawfully directed to be made.
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Ttttr was au action brought to recover damages for the injuries which a factory and other buildings belonging to the plaintiff, situate at the corner of the Second avenue and Thirtieth street in the city of New York, were alleged to have sustained in consequence of an excavation in Thirtieth street which the defendants, it was charged, had wrongfully and unlawfully directed to be made. The plaintiff also claimed to recover damages for the loss of profits in his business resulting from the unlawful conduct and acts of the defendants. The defence substantially was, that the excavation in Thir-…
1Opinion of the CourtBy the Court. Slosson, J.
The defendants object to the plaintiff’s right of recovery mainly on two grounds :
1st. That the work of regulating and grading the street and avenue was a public work, lawfully undertaken by the defendants, at the solicitation and for the benefit of persons hiring and owning property on the line of the street and avenue, as well for the plaintiff as for the public generally, and under the authority vested in them by the laws of the State; and that the *413whole subject of the grading of the street, both as to the time when it should be done or contracted for, and whether with or independently of…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by19 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- City of Detroit v. BeckmanMichigan Supreme Court · 1876
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