New York Steam Co. v. Foundation Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant,- The Foundation -Company, .from a judgment of the Supreme Court in favor of the plaintiff, entered in,' the office of the cleric of the county of New York on the 19th day of July, 1907, upon the report of a referee. No case and exceptions was -made and the appeal,merely brings up -the judgment roll for review. The- facts, therefore, stand as found by the referee.
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' Appeal by the defendant,- The Foundation -Company, .from a judgment of the Supreme Court in favor of the plaintiff, entered in,' the office of the cleric of the county of New York on the 19th day of July, 1907, upon the report of a referee. No case and exceptions was -made and the appeal,merely brings up -the judgment roll for review. The- facts, therefore, stand as found by the referee. The only-exception, is to the second conclusion of law, which authorizes a judgment in -favor of the plaintiff for the damages which it has sustained.' ■ , The material facts found-by the referee are that…
1Dissent
McLaughlin, J. (dissenting):
I am unable to concur in the opinion of Mr. Justice Laughlin. I think the judgment should be affirmed for the reason stated in.the opinion of the learned referee. Mo other rule is practicable in a great city where the streets are full of pipes laid .by various public service corporations, and it is unwise to lay down the rule that in order to recover for injury thereto negligence, in interfering with them must be shown.
I, therefore., vote to affirm the judgment.
Houghton, J., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event.
The…
2Cases cited5 opinions
- Dorrity v. . RappNew York Court of Appeals · 1878
- Western Union Telegraph Co. v. Electric Light & Power Co.New York Court of Appeals · 1904
- Brooklyn Elevated Railroad v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Interborough Rapid Transit Co. v. GallagherNew York Supreme Court · 1904
- Jencks v. KennyThe Superior Court of New York City · 1892