McKeon v. See
The Superior Court of New York City
This action was begun on the 14th of May, 1863, and its object was twofold. 1. To recover damages for injury to certain buildings of the plaintiff, caused previously by the propulsion by steam of certain machinery by the defendant upon premises adjoining those of the plaintiff, and the effect of the motion and noise of such machinery upon the facility of letting the -plaintiff’s buildings and the amount of their rents; and 2. To restrain the defendant from employing such…
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This action was begun on the 14th of May, 1863, and its object was twofold. 1. To recover damages for injury to certain buildings of the plaintiff, caused previously by the propulsion by steam of certain machinery by the defendant upon premises adjoining those of the plaintiff, and the effect of the motion and noise of such machinery upon the facility of letting the -plaintiff’s buildings and the amount of their rents; and 2. To restrain the defendant from employing such machinery, in any business requiring the application of steam thereto to produce motion, and generally from propelling it…
1Opinion of the Court
By the Court,
Robertson", Ch. J.
Upon a trial of a cause by a court without a jury, the proper place for inserting the findings of the court upon matters pertinent to the issues, but not contained in its “ decision,” is in the “ case,” prepared for hearing the appeal. It is not erroneous for the court to omit to state, in its decision under the 267th section of the Code, even facts material to the issue, any more than for a jury in its verdict, the presumption of law being, that its findings on such facts are favorable to the successful party, as every thing will be intended necessary to…
2Cases cited20 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Fish v. DodgeNew York Supreme Court · 1847
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3Cited by4 opinions
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- Bishop v. Empire Transportation Co.The Superior Court of New York City · 1874
- Randall v. DusenburyThe Superior Court of New York City · 1875