Farrand v. Marshall
New York Supreme Court
MOTION to vacate or modify an injunction. The plaintiff stated in Ms complaint that he was the owner of a piece of ground in the city of Hudson, bounded east by Second street, south by Rope alley, north by Strawberry alley, and west by land owned by the defendant; that the lot was about 220 feet in width on Second street, and extended westerly two hundred, feet; 'that it was purchased'by the plaintiff of the defendant on the 23d of June 1846 ; that northerly of this lot, on…
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MOTION to vacate or modify an injunction. The plaintiff stated in Ms complaint that he was the owner of a piece of ground in the city of Hudson, bounded east by Second street, south by Rope alley, north by Strawberry alley, and west by land owned by the defendant; that the lot was about 220 feet in width on Second street, and extended westerly two hundred, feet; 'that it was purchased'by the plaintiff of the defendant on the 23d of June 1846 ; that northerly of this lot, on the opposite side of Strawberry alley, was a lot conveyed by the defendant to George Robertson, on the 3d of October,…
1Opinion of the CourtHarris, J.
It seems scarcely credible that the question how far the owner of ground adjacent to land owned by another, may remove the earth, and thus withdraw the natural support of his neighbor’s soil, without being liable for the injury, should have remained until this day unsettled. And yet, I believe it is so. Opinions have not unfrequently been expressed on the subject, and that too by eminent jurists ; but, so far as I know, these opinions have been obiter. I have not met with a single case, where this was the precise point in judgment.
The earliest writer who has mentioned the subject, and to whom…
2Cases cited4 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Arnold v. FootNew York Supreme Court · 1834
- Van Hoesen v. CoventryNew York Supreme Court · 1851
3Cited by19 opinions
- Farrand v. MarshallNew York Supreme Court · 1855
- Ulrick v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1891
- Moody v. McClellandSupreme Court of Alabama · 1863
- Riley v. Continuous Rail Joint Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1906
- Ludlow v. Hudson River RailroadNew York Supreme Court · 1872
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