Hay v. Cohoes Co.
New York Supreme Court
Error to the Albany common pleas. The action was case, by Hay against The Cohoes Company, /or injury done to the plaintiff’s dwelling house and premises, by the defendants, in digging a canal or race-way.
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Error to the Albany common pleas. The action was case, by Hay against The Cohoes Company, /or injury done to the plaintiff’s dwelling house and premises, by the defendants, in digging a canal or race-way. The declaration contained two counts, and alleged that the plaintiff was possessed of a dwelling house situated on a public street, and that the defendants, by their agents and servants, unjustly and wrongfully cut a deep canal across the street and kept it open for five months, by which the plaintiff was obliged to go further to transact business, obtain necessaries, &c. It also charged…
1Opinion of the Court
By the Court,
HaND, J.
The intention of the pleader, in drawing the declaration in this case, is not perféctly plain. Negligence is not averréd, but it is charged that the defendants wrongfully and unjustly obstructed the street, by which the plaintiff was injured; and in the sanie count it is further charged, that by blasting ro'cks were thrówn on to the plaintiff’s house, &c.; but it is not stated from what point, whether while digging in the street or on No. 6, the róeks were thrown. The last allegation is in its nature a trespass. Even standing on one’s own land and throwing stones from…
2Cases cited9 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Mills v. HallNew York Supreme Court · 1832
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