Francis C. Neale, Inc. v. New York Steam Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Hudson Companies and another, from a judgment of the Supreme Court in favor of the plaintiff and against said defendants, entered in the office of the clerk of the county of New York on the 1st day of November, 1910, upon the verdict of a jury for $4,349.97, and dismissing the complaint as to the defendant New York Steam Company, and also from an order' entered in said clerk’s office on the 11th day of November, 1910, as amended by an order entered…
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Appeal by the defendants, Hudson Companies and another, from a judgment of the Supreme Court in favor of the plaintiff and against said defendants, entered in the office of the clerk of the county of New York on the 1st day of November, 1910, upon the verdict of a jury for $4,349.97, and dismissing the complaint as to the defendant New York Steam Company, and also from an order' entered in said clerk’s office on the 11th day of November, 1910, as amended by an order entered on the 23d day of November, 1910, denying the appellants’ motion for a new trial made upon the minutes. The plaintiff,…
1Opinion of the Court
Miller, J.:
It would unduly extend this opinion to state more than our conclusions with respect to some of the questions urged by the learned counsel for the appellants. We think the evidence of damage sufficient to sustain the verdict, though much of it was admissible only by consent of counsel. It satisfactorily appears that the damage was caused by the overheating of the plaintiff’s cellar and basement, which in turn was caused by the escaping steam from the breaks in the pipes, which in turn were caused by the subsidence of the soil of Church street, *730due to the construction of .the sewer,…
2Cases cited3 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Continental Asphalt Paving Co. v. HudsonAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Hoggard v. Otis Elevator Co.New York Supreme Court · 1966