Bates v. . Holbrook
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23,1901, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23,1901, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The representatives of the state, empowered by statute to make public improvements in a public street which do not involve direct encroachment upon private property, are not liable for consequential damages, unless such damages are…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action is brought by the lessee and proprietor of a hotel known as the "Everett House" in the city of New York, situated on the northwest corner of 17th street and Fourth avenue, against sub-contractors engaged in the construction of a portion of the subway in the city of New York, for an injunction restraining the defendants from maintaining certain buildings which are alleged to constitute a nuisance and to recover damages arising therefrom.
The Special…
2Cases cited7 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Van Cortlandt Park v. City of New YorkNew York Court of Appeals · 2001
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Thomason v. RailroadSupreme Court of North Carolina · 1906
- Clark v. Asheville Contracting Co., Inc.Supreme Court of North Carolina · 1986
- In re LowAppellate Division of the Supreme Court of the State of New York · 1908
19 more not listed; retrieve them via the Exa API.