Wenzlick v. . McCotter
New York Court of Appeals
Appeal from judgment of the • General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought to recover damages caused by an alleged nuisance.
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Appeal from judgment of the • General Term of the Supreme Court, in the second judicial department, entered upon an order made September 14, 1880, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought to recover damages caused by an alleged nuisance. (Reported below, 22 Hun, 60.) The complaint stated that the defendant was the owner of a certain house and premises on Fourth street, in the city of Brooklyn, and for their.accommodation, “ and connecting therewith and extending across the sidewalk on said street,” was an iron leader of pipe, so…
1Opinion of the CourtDanforth, J.
First, it is unnecessary to consider whether at the close of the plaintiff’s case she had established a cause of action. ' The defendant did not then retire from the contest; and if the necessary facts were after that established, it is sufficient. (Murray v. Judah, 6 Cow. 484 ; Jackson v. Leggett, 7 Wend. 377.)
Second, it is well to observe that the proof failed to sustain the averment of the complaint as regards the position and extent of the pipe upon the sidewalk. It did not reach the street, nor did it abridge the area of the walk. Nor does the decision below or the contention of the…
2Cases cited5 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Murray v. JudahNew York Supreme Court · 1826
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
3Cited by21 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- Moore v. . GadsdenNew York Court of Appeals · 1883
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