New York Steam Co. v. . Foundation Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1908, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 22, 1908, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. This action was brought to recover the damages alleged to have been sustained by the plaintiff on account of injuries inflicted by the defendant on its steam pipe line under the following circumstances, as found in substance by the referee before whom the action was tried : Both parties are domestic corporations, the plaintiff furnishing steam for heating and…
1Opinion of the CourtVann, J.
The defendant cannot be held liable on the theory that it was an ordinary trespasser, for it did not touch the structure of the plaintiff and the referee found that the vault could not have been built without driving sheet-piling in the bed of the street just outside the curb line. Such temporary use of the street beyond that line, therefore, was impliedly authorized by the permit, as a necessary method of protecting the rights of the public and shielding travelers from danger. Implication, however, is always reasonable and hence it did not include the right to injure structures already in…
2Cases cited4 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Village of Haverstraw v. . EckersonNew York Court of Appeals · 1908
- Western Union Telegraph Co. v. Electric Light & Power Co.New York Court of Appeals · 1904
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by30 opinions
- Phillips v. Sun Oil Co.New York Court of Appeals · 1954
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Mountain States Telephone & Telegraph Co. v. Vowell Construction Co.Texas Supreme Court · 1960
- Illinois Bell Telephone Co. v. Charles Ind Co.Appellate Court of Illinois · 1954
- Socony-Vacuum Oil Co. v. BaileyNew York Supreme Court · 1952
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