Benson v. Suarez
New York Supreme Court
Motion for a new trial, on a bill of exceptions. The action was brought by ¡Nathan L. Benson against Leonardo S. Suarez, to recover damages.which were stated in the complaint substantially as follows: That on the 1st May, 1860, the plaintiff was, and ever since had been, in the lawful possession and occupation of a lot of land in Cohoes, on which was situated a building occupied by plaintiff as a carriage-house.
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Motion for a new trial, on a bill of exceptions. The action was brought by ¡Nathan L. Benson against Leonardo S. Suarez, to recover damages.which were stated in the complaint substantially as follows: That on the 1st May, 1860, the plaintiff was, and ever since had been, in the lawful possession and occupation of a lot of land in Cohoes, on which was situated a building occupied by plaintiff as a carriage-house. That the defendant was, and still is, the owner of another lot of land next adjoining. And that before the accruing of the cause of action herein stated, the defendant, by his…
1Opinion of the Court
By the Court.*—Peckham, J.
The defendant insists that the judge erred in refusing to nonsuit the plaintiff. I do not think so. The defendant was the owner of the tavern-stand and appurtenances where the old shed fell. He had leased them to Finney, and covenanted to keep them in repair. He failed to keep this old shed on his premises in repair, and by reason of its being left in a weak and dilapidated condition it fell down, and drew down a shed adjoining to it of the plaintiff, and injured his wagons, &c., to the amount of the verdict.
I am not at all clear that it was necessary to show any…
2Cases cited2 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Lasala v. HolbrookNew York Court of Chancery · 1833
3Cited by6 opinions
- Wilkinson v. Detroit Steel & Spring WorksMichigan Supreme Court · 1889
- Callahan v. LoughranCalifornia Supreme Court · 1894
- Cork v. BlossomMassachusetts Supreme Judicial Court · 1894
- Lauer v. PalmsMichigan Supreme Court · 1902
- Maddox v. WescottSupreme Court of Alabama · 1908
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