Meyer v. Haven
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Carl Meyer and another, from an interlocutory judgment of the Supreme Court in favor of the defendant William R. Haven, entered in the office of the clerk of the county ' of Erie on the 24th day of March, 1898, upon the decision of the court rendered after a trial at the Erie Special Term, with notice of an intention to bring up for review upon such appeal the decision and order upon which said interlocutory judgment was entered.
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Appeal by the plaintiffs, Carl Meyer and another, from an interlocutory judgment of the Supreme Court in favor of the defendant William R. Haven, entered in the office of the clerk of the county ' of Erie on the 24th day of March, 1898, upon the decision of the court rendered after a trial at the Erie Special Term, with notice of an intention to bring up for review upon such appeal the decision and order upon which said interlocutory judgment was entered. The action was instituted to foreclose a mechanic’s lien for $13,789.10 and interest upon two erecting shops constructed for the Hew York…
1Opinion of the Court
Ward, J.:
This appeal involves the question of the liability of the plaintiffs to respond in damages to the defendant Haven for the destruction of the walls of shop “ B,” that were blown down at Depew, Erie county, on the night of September 13, 1892. The court found that “ during the night of Tuesday, the 13th day of September, a high wind or gale arose and blew down that portion of the sidewalls of erecting shop B, which had been carried up to the height of 34 feet, and which had not been covered by said trusses; the portion blown down being of the length of about 180 feet.”
He also found that…
2Cases cited2 opinions
- Minor v. . BeveridgeNew York Court of Appeals · 1894
- Laible v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Janice v. StateNew York Court of Claims · 1951
- In re Estate of KellySupreme Court of New Hampshire · 1988
- Meyer v. HavenAppellate Division of the Supreme Court of the State of New York · 1902