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.
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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…
1Dissent
If I supposed that this case was in any sense close or doubtful I would be content to record my vote against the views of my brethren in silence without assigning any reasons. The learned trial judge dismissed the complaint and held that no cause of action had been established, but the learned Appellate Division reversed the judgment and held that the plaintiff was entitled to recover. That the trial court was right on the law and the facts, and that his decision is unassailable seems to me very clear, but since all my brethren except the chief judge think otherwise, I am constrained to state…
2Cases cited5 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Holland House Co. v. . BairdNew York Court of Appeals · 1901
- Lester v. Mayor of New YorkNew York Supreme Court · 1894
- Lester v. Mayor of New YorkNew York Court of Appeals · 1896