Duryea v. Mayor of New York
New York Court of Common Pleas
Exceptions taken at a trial term of this court, ordered to be heard, in the first instance, at the general term. On November 2nd, 1880, about ten o’clock in the morning, three or four boys began tearing down the stoop of an old, unoccupied, wooden building, No. 171 Mercer Street, belonging to the plaintiff. The number gradually increased to from fifty to seven ty-five, ranging in age from eight to seventeen years.
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Exceptions taken at a trial term of this court, ordered to be heard, in the first instance, at the general term. On November 2nd, 1880, about ten o’clock in the morning, three or four boys began tearing down the stoop of an old, unoccupied, wooden building, No. 171 Mercer Street, belonging to the plaintiff. The number gradually increased to from fifty to seven ty-five, ranging in age from eight to seventeen years. The house was substantially wrecked, and subsequently taken down. This action was brought to recover damages, under the Act of 1855, upon the claim that the property was destroyed…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—I am of opinion that the correct solution of the question presented on this appeal, is found in the generally accepted legal definition of the terms mob or riot. Should the assemblage described in the evidence be rightfully designated by those terms, the liability of the defendants would necessarily result, and the disposition of the case by the court below be erroneous. In Hawkins’ Pleas of the Crown, c. 65, § 1, a riot is defined to be “ a tumultuous disturbance of the peace by three or more persons assembling together of their own authority, with an…
2Cases cited1 opinion
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
3Cited by4 opinions
- Marshall v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Adamson v. . City of New YorkNew York Court of Appeals · 1907
- Abraham v. City of WoburnMassachusetts Appeals Court · 1980
- Adamson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905