Victory v. . Baker
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence ' causing the death of Peter Victory, plaintiff’s intestate. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for alleged negligence ' causing the death of Peter Victory, plaintiff’s intestate. The facts appear sufficiently in the opinion. "Whatever negligence or carelessness there was on the part of the deceased (Reynolds v. N. Y. C. R. R. Co., 58 N. Y., 248; Nicholson v. Erie R. Co., 41 id., 525; Dougan v. Champ. Tr. Co., 56 id. 1; Brush v. Brainard, 1 Cow., 78;…
1Opinion of the CourtAndrews, J.
The ownership of real or personal property carries with it to the owner the right to enjoy, use and manage it in any way he pleases, subject only to restrictions imposed by law or by the duty which he owes to third persons. It cannot be an absolute right else the right of property would be free from all control by the municipal law, and it must be exercised in view of the legal rights of others in order to preserve the rights of all. But so long as the owner violates no duty which he is under to others or to the State, he cannot be called in question for the manner in which he chooses to use…
2Cited by24 opinions
- Woodruff v. BowenIndiana Supreme Court · 1893
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Means v. Southern California Railway Co.California Supreme Court · 1904
- Phillips v. Library Co.Supreme Court of New Jersey · 1893
- Schmidt v. BauerCalifornia Supreme Court · 1889
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