Timlin v. Standard Oil Co.
New York Supreme Court
Appeal from circuit court, Albany county. Action by Mary Timlin, as administratrix of John Timlin, deceased, against the Standard Oil Company, the Acme Oil Company, Elijah W. Murphy, and Orlando P. Liseomb. Judgment was rendered for plaintiff, and defendants appeal.
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Appeal from circuit court, Albany county. Action by Mary Timlin, as administratrix of John Timlin, deceased, against the Standard Oil Company, the Acme Oil Company, Elijah W. Murphy, and Orlando P. Liseomb. Judgment was rendered for plaintiff, and defendants appeal. The plaintiff complained that John Timlin, her husband and intestate, was, on the 12th day of September, 1885, killed by the falling of a brick wall upon him; that-the fall of the wall was due to the negligence of the defendants. The testimony tended to show that the portion of the wall which fell was the easterly brick wall of a…
1Opinion of the CourtLandon, J.
The jury found that the deceased was rightfully at work at the place where the wall fell upon him, and was free from negligence. The court charged the jury that if the wall was a nuisance as against the adjoining owner at the time the Acme Oil Company became the lessee of the premises in 1884, and continued in that condition until it fell, all the defendants were liable. The court defined the sense in which it employed the term “nuisance” as follows: A man has no right to maintain a building which is inherently weak and in a ruined condition, and liable to fall and do injury to the adjoining…
2Cases cited7 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Irvine v. . WoodNew York Court of Appeals · 1872
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Simmons v. . EversonNew York Court of Appeals · 1891
- City of Memphis v. MillerMissouri Court of Appeals · 1899
- Holmes v. Union Telegraph & Telephone Co.New York Supreme Court · 1891
- City of Mansfield v. BristorOhio Supreme Court · 1907