Legal Opinion

Coster v. Mayor, Aldermen & Commonalty

New York Court of Appeals

Decided January 24, 1871PublishedCited by 120 opinions

Appeal from a judgment of the General Term in the third judicial district, affirming a judgment entered on a verdict rendered in favor of the plaintiffs, on a trial at the Albany circuit, for $1,200.20 and costs, for alleged damages done to lot No. 122, on the Albany pier.

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Appeal from a judgment of the General Term in the third judicial district, affirming a judgment entered on a verdict rendered in favor of the plaintiffs, on a trial at the Albany circuit, for $1,200.20 and costs, for alleged damages done to lot No. 122, on the Albany pier. The complaint alleges that the plaintiffs were the owners of lot No. 122, on the Albany pier; that, by virtue of an act of the legislature of the State of New York, entitled “ An act to improve the Albany basin, in the city of Albany, and to provide the means therefor,” passed April 11,1866, the public authorities,…

1Opinion of the CourtFolger, J.

In this court, the appellants make four points: 1st. That the respondents were not entitled to damages, by reason of the removal of the Hamilton street bridge. 2d. Hor for the taking of lands near their’s, by which their’s were rendered less convenient for dockage and unloading, and thereby less valuable. 3d. FTor for injuries alleged to have been sustained by digging too close to their lands, and undermining their foundations. 4th. That there is no privity between the respondents and the appellants, by which the last are liable in an action to the first. On reference to the complaint in the…

2Cases cited10 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. The People v. . KerrNew York Court of Appeals · 1863
  3. Burr v. . BeersNew York Court of Appeals · 1861
  4. Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
  5. Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852

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3Cited by120 opinions

  1. City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
  2. Simson v. . BrownNew York Court of Appeals · 1877
  3. Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
  4. Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
  5. State v. ElliottCourt of Appeals of Texas · 1919

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