Brennan v. Schreiner
The Superior Court of New York City
Demurrer to complaint. The action was brought by Margaret Brennan against Joseph Gallick and Joseph J. Schreiner. The complaint alleged as follows: First. That the plaintiff is, and was, at the times hereinafter mentioned; the owner of the premises known as No. 405 East 88th Street, on which she has constructed a five story brick apartment-house, 104 feet deep, occupied by nine tenants. Second.
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Demurrer to complaint. The action was brought by Margaret Brennan against Joseph Gallick and Joseph J. Schreiner. The complaint alleged as follows: First. That the plaintiff is, and was, at the times hereinafter mentioned; the owner of the premises known as No. 405 East 88th Street, on which she has constructed a five story brick apartment-house, 104 feet deep, occupied by nine tenants. Second. That as plaintiff is informed and believes the defendant, Joseph Schreiner, is the owner of the lots Nos. 407 and 409 East 88th Street. Third. That as plaintiff is informed and believes said premises,…
1Opinion of the CourtMcAdam, J.
Sic utere tuo ut alienum non Jaedas, the maxim which expresses the only restriction which-the law places upon the ownership of property, is invoked by the plaintiff, and is made applicable by the allegation that the rock on which plaintiff’s house rests extends a considerable depth below the surface and forms part of a stratum of rock extending over the adjoining lots, and is one and the same mass of rocks .blasted,by the defendants, and by the further allegation that it is impossible to remove said rock immediately adjoining said plaintiff’s *484premises, even with the greatest care, without…
2Cases cited2 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Engel v. Eureka ClubNew York Supreme Court · 1891
3Cited by3 opinions
- De Carvajal v. Young Men's Christian Ass'nNew York Supreme Court · 1902
- Maltbie v. BoltingThe Superior Court of New York City · 1893
- Rafter v. TagliabueThe Superior Court of New York City · 1892