Rogers v. . Atlantic, Gulf Pacific Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 14, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 14, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to recover damages to the freehold or reversion, but only damages to the life estate, for it was shown that the remaindermen are in being, and were not made parties to the action. (Code. Civ. Pro. § 1665; Thompson v. M. R. R. Co., 130 N. Y. 360; Van Deusen v. Young, 29 N. Y. 9;…
1Opinion of the CourtMiller, J.
The plaintiff, a life tenant, has recovered a judgment for all of the damages, both to the life estate and to the inheritance, caused by a fire set by the defendant, a canal contractor, on adjoining lands of the state, and negligently allowed to spread to the lands of the plaintiff. The single question involved in this appeal is whether the recovery should have been limited to the damages to the life estate. The right of the plaintiff to recover all of the damages has thus far been maintained on the ground that she is liable to the remaindermen for any injury to the inheritance not caused by…
2Cases cited27 opinions
- United States v. BostwickSupreme Court of the United States · 1877
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Matter of Petition of CampNew York Court of Appeals · 1891
- Smith v. . KerrNew York Court of Appeals · 1888
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3Cited by27 opinions
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- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
- Robert I. Merritt v. United StatesCourt of Appeals for the First Circuit · 1964
- Louisville Cooperage Co. v. RuddCourt of Appeals of Kentucky (pre-1976) · 1938
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