Solms v. Lias
New York Court of Common Pleas
Appeal from a judgment. This action was brought by Henry Solms against Laurent Lias, to recover damages for injury to the plaintiff’s land in Clinton Street, Hew York, by the inflowing from a privy located on the defendant’s land adjoining. The circumstances of the trial are sufficiently stated in the opinion. Th'e plaintiff had judgment, and defendant appealed.
1Opinion of the Court
By the Court.—Brady, J.
The complaint in . this case is based upon injuries to the realty. There are no allegations of damage to personal property resulting from such injury, or of any expense to which the plaintiff was subjected in consequence, except that of constructing a wall to prevent further damage. The plaintiff was, however, permitted to prove the *313loss of beer, and the expense of pumping a well on his premises, the contents of which it became necessary to remove in consequence of the inflowing from the defendant’s privy. This evidence was objected to, on the ground that no notice had…
2Cited by3 opinions
- Roberts v. BreckonAppellate Division of the Supreme Court of the State of New York · 1898
- Havemeyer v. FullerThe Superior Court of New York City · 1881
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1871