Dorrity v. . Rapp
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 11 Hun, 374.) This action was brought to recover damages to a building belonging to plaintiff’s testatrix, alleged to have been caused by excavations made by defendant on his adjoining lot. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 11 Hun, 374.) This action was brought to recover damages to a building belonging to plaintiff’s testatrix, alleged to have been caused by excavations made by defendant on his adjoining lot. The facts appear sufficiently in the opinion. As the evidence showed that plaintiff’s house was injured by the deepening of the foundation of defendant’s house, he was entitled to recover. (Clare v. Nat.…
1Opinion of the CourtAndrews, J.
In 1872 the plaintiff’s testatrix and the defendant were respectively owners of adjoining houses and lots in the city of New York. In March of that year the defendant, desiring to. deepen the cellar of his house and rebuild the cellar walls, made a contract with one Sullivan to furnish the materials and perform the work. The plan of the improvement made it necessary to excavate below the existing foundation wall of the defendant’s house, and more than ten feet below the street curb. The foundation wall of the house of the plaintiff’s testatrix extended about ten feet below the surface of her…
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