Moore v. Goedel
The Superior Court of New York City
Appeal by the plaintiffs from a judgment against them. The action was tried before Bosworth, Ch. J., and a jury, on the 15th of June, 1860. The suit is brought to recover the damages sustained by the plaintiffs, by reason of an overflow of Croton water on the morning of the 6th of August, 1851. The plaintiffs occupied the cellar, basement and first floor of the premises 26 and 28 Park place, and 21 and 23 Barclay street, the same building running through to both streets. Wm.
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Appeal by the plaintiffs from a judgment against them. The action was tried before Bosworth, Ch. J., and a jury, on the 15th of June, 1860. The suit is brought to recover the damages sustained by the plaintiffs, by reason of an overflow of Croton water on the morning of the 6th of August, 1851. The plaintiffs occupied the cellar, basement and first floor of the premises 26 and 28 Park place, and 21 and 23 Barclay street, the same building running through to both streets. Wm. D. Cromwell & Co. hired all the rest of the building, and occupied all the rest. The defendants had certain rights in a…
1Opinion of the CourtBy the Court. Woodruff, J.
—The only grounds upon which the counsel for the appellants ask that the judgment herein be reversed are, that the justice, before whom the action was tried, refused to instruct the jury as requested by him on the trial; and that he erred in the instructions which he did give to the jury.
In our opinion, there was not only no error in these particulars prejudicial to the plaintiffs, but, upon the evidence, we think, a peremptory instruction to the jury, that the plaintiffs were not entitled to recover, would have been proper.
The nature and extent of the defendants’ connection *596with the premises…
2Cited by4 opinions
- Lannen v. Albany Gas Light Co.New York Supreme Court · 1865
- Walker v. Globe Manufacturing & Importing Co.The Superior Court of the City of New York and Buffalo · 1889
- Clarke v. AndersonCity of New York Municipal Court · 1885
- Walker v. Globe Manufacturing & Importing Co.The Superior Court of New York City · 1889