Legal Opinion

Wheeler v. Norton

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 11 opinions

Appeal by the defendants, William F. Norton and another, from an order of the Appellate Term of the Supreme Court, first department, entered in the office of the clerk of said court on the 9th day of November, 1903, as resettled by an order entered in said clerk’s office on the 25th day of November, 1903, affirming a judgment of the Municipal Court of the city of New York, borough of Manhattan, in favor of the plaintiff, entered in the office of the clerk of said Municipal…

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Appeal by the defendants, William F. Norton and another, from an order of the Appellate Term of the Supreme Court, first department, entered in the office of the clerk of said court on the 9th day of November, 1903, as resettled by an order entered in said clerk’s office on the 25th day of November, 1903, affirming a judgment of the Municipal Court of the city of New York, borough of Manhattan, in favor of the plaintiff, entered in the office of the clerk of said Municipal Court on .the 9th day of March, 1903, and also (as stated in the notice of appeal) from a judgment entered in the office…

1Opinion of the Court

McLaughlin, J.:

The defendants, the sub-contractors engaged in excavating for the rapid transit subway in the city of New York, on the 8th of August, 1901, by blasting rock, broke a twelve-inch water pipe from which water escaped, flowed onto premises occupied by the plaintiff, and injured her property, and this action was brought to recover the damages sustained. She had a judgment in the Municipal Court of the city of New York, which was affirmed by the Appellate Term, and defendants, by permission, have appealed' to this court.

The complaint is framed so as to permit a recovery either for…

2Cases cited6 opinions

  1. Laidlaw v. . SageNew York Court of Appeals · 1899
  2. Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
  3. Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
  4. Sullivan v. . DunhamNew York Court of Appeals · 1900
  5. Jutte v. . HughesNew York Court of Appeals · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Bridgeman-Russell Co. v. City of DuluthSupreme Court of Minnesota · 1924
  2. In re the Estate of AdrianceNew York Surrogate's Court · 1932
  3. Ure v. United StatesDistrict Court, D. Oregon · 1950
  4. Derrick v. KellyAppellate Division of the Supreme Court of the State of New York · 1910
  5. Annutto v. Town of HerkimerNew York Supreme Court · 1968

6 more not listed; retrieve them via the Exa API.

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