Gilbert v. Beach
The Superior Court of New York City
- The action was brought to recover damages for the injuries done to certain premises belonging to the plaintiffs, by flooding the same with water, by means of a gutter and water-spout attached to a building owned by the defendant.
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- The action was brought to recover damages for the injuries done to certain premises belonging to the plaintiffs, by flooding the same with water, by means of a gutter and water-spout attached to a building owned by the defendant. The complaint charged, that on or. about the tenth day of August, in the year one thousand eight hundred and fifty-two, and for some years previous, and thence to the present time, the' plaintiffs were the tenants and occupants of a certain lot of land, store and premises known and distinguished as No. 20 in Court-land street, in the city of New York, and on the-…
1Opinion of the Court
By the Court.
Oakley, Ch. J.
It was admitted by tbe learned counsel for tbe plaintiffs, tbat if we are to be governed by tbe doctrine of tbe Court of Appeals in Blake v. Ferris, tbe defendant will be entitled to our judgment, and we are, therefore, to inquire whether there is any sound distinction tbat can justify us in exempting this ease from tbe controlling authority of tbat decision. We are satisfied, upon full consideration, tbat there is no such distinction, and I shall proceed to state briefly tbe reasons tbat bave led us to this conclusion.
Tbe general rule tbat Blake v. Ferris…
2Cases cited1 opinion
- Talman v. FranklinThe Superior Court of New York City · 1854