Heartt v. . Kruger
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior Court of the city of Mew York, entered upon an order made December 6, 1888, which rendered a judgment in favor of plaintiff upon a verdict subject to the opinion of court. The material facts are stated in the opinion. The party-wall did not cease to be a party-wall after the fire. (Brondage v. Warner, 2 Hill, 145 ; Campbell v. Mesier, 4 Johns.
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Appeal from judgment of tlie General Term of the Superior Court of the city of Mew York, entered upon an order made December 6, 1888, which rendered a judgment in favor of plaintiff upon a verdict subject to the opinion of court. The material facts are stated in the opinion. The party-wall did not cease to be a party-wall after the fire. (Brondage v. Warner, 2 Hill, 145 ; Campbell v. Mesier, 4 Johns. Ch. 334; Partridge v. Gilbert, 15 N. Y. 608.) The defendant had a right to assume that the party-wall remained standing after the fire by the consent of the parties. (Sherred v. Cisco, 4 Sandf.…
1Opinion of the CourtGray, J.
The plaintiff and defendant are owners of adjoining lots of land, in the city of New York, and their litigation, in the shape of an action of ejectment, is over the question of whether or not their tenements are subject to a perpetual party-wall easement, dominant as to the defendant’s and servient as to the plaintiff’s properties.
This question, as it is presented by the case before us, does not seem to have arisen before in our courts; though there are several reported cases which, I think, suggest the principle of decision. Some are referred to in the well-considered opinion of Judge…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Ogden v. . JenningsNew York Court of Appeals · 1875
3Cited by36 opinions
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- Larue v. Greene County BankTennessee Supreme Court · 1942
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Shirley v. CrabbIndiana Supreme Court · 1894
- Douglas v. . CoonleyNew York Court of Appeals · 1898
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