Slater v. . Mersereau
New York Court of Appeals
Appeal from judgment of the General Term of the Court of»Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 5 Daly, 445.) This action was brought to recover damages for injuries alleged to have resulted from defendant’s negligence.
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Appeal from judgment of the General Term of the Court of»Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 5 Daly, 445.) This action was brought to recover damages for injuries alleged to have resulted from defendant’s negligence. The referee found, substantially, the following facts : That the plaintiffs were lessees and occupants of the first floor and basement of certain premises in the city of New York. That the defendant, on or about the 8th day of April, 1868, entered into a contract with…
1Opinion of the CourtMiller, J.
The defendant, as a contractor being in possession and having the control of the premises of Appleton & Oo., by the authority of the owners, for the purpose of erecting buildings upon and improving the same, in the performance of his contract possessed the same rights as the owner, and was chargeable for a want of due care and for negligence in the exercise of his rights, if by means thereof the property of the plaintiffs was injured.
The referee found that the water which flowed into the cellar of the building and injured the plaintiffs, came from the roof by means of the failure of the…
2Cases cited5 opinions
- Webster v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Partenheimer v. Van OrderNew York Supreme Court · 1855
3Cited by60 opinions
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Butler v. . TownsendNew York Court of Appeals · 1891
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Ravo v. RogatnickNew York Court of Appeals · 1987
- Louisville, New Albany & Chicago Railway Co. v. LucasIndiana Supreme Court · 1889
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