Bernheimer v. Kilpatrick
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Adeie Bernheimer against Thomas Kilpatrick for damages to a building, caused by excavations made by defendant on his adjoining lot to a deptli of more than 10 feet. Trial by jury, and verdict for plaintiff. From the judgment entered on the verdict and from the order denying his motion for a new trial defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover damages sustained by the building 644 Madison avenue, resulting from the excavation of the lots adjoining by the defendant for the purpose of erecting his building, “The Hoffman Arms, ” at the corner of Madison avenue and Fifty-Hinth street. The single question presented seems to be whether, where an excavation is made for the purpose of putting up a new building to a depth of more than 10 feet below the curb adjoining a house already built, the builder of the new building will be liable for injuries suffered by the adjoining building, arising from the…
2Cited by10 opinions
- Christensen v. MannWisconsin Supreme Court · 1925
- Post v. KerwinAppellate Division of the Supreme Court of the State of New York · 1909
- Fagan v. Paths Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1949
- Bloomingdale v. DuffyNew York Supreme Court · 1911
- Cohen v. SimmonsNew York Supreme Court · 1892
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