Newberry v. Mayor of New York
The Superior Court of New York City
This case was tried before Mr. Justice McCunn and a jury. The action was to recover for property destroyed by a mob on the 14th of July, 1863. Plaintiff was a jeweller,,and had a place of business at No. 299 Tenth avenue, New York, in which were his tools and implements of trade and a small stock of goods.
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This case was tried before Mr. Justice McCunn and a jury. The action was to recover for property destroyed by a mob on the 14th of July, 1863. Plaintiff was a jeweller,,and had a place of business at No. 299 Tenth avenue, New York, in which were his tools and implements of trade and a small stock of goods. Between eight and nine o’clock in the morning of the 14th of July, 1863, plaintiff was informed by a neighbor that his premises were to be attacked by the mob that morning at nine o’clock; that thereupon, being in fear of bodily harm, he and his family left the premises quickly, being…
1Opinion of the Court
By the Court:
Fithian, J.
In these cases the statute provides that no recovery shall be had for property destroyed or injured by a mob, if it appear that the destruction or injury was occasioned, or in *372any manner aided, sanctioned, or permitted by the carelessness or negligence of the party seeking to recover. Nor shall any recovery be had unless such party shall have used all reasonable diligence to prevent such damage, and shall have given notice to the mayor of such city, or the sheriff of such county, immediately after being apprised of any threat or attempt to destroy or injure the…
2Cases cited2 opinions
- Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867
- Schiellein v. Board of SupervisorsNew York Supreme Court · 1865
3Cited by1 opinion
- Feinstein v. City of New YorkCity of New York Municipal Court · 1935