Argued October 26, 1942 Decided January 21, 1943 Appeal from the Supreme Court, Appellate Division, Second Department, STODDART, J. Alexander Boskoff for appellants. Arthur Morris for respondent. DESMOND, J. All the appellants were concerned, in one way or another, with the building of an apartment house on a tract of land part of the rear line of which abutted the rear of respondent's vacant land. In excavating for the foundations of the new building, defendant Alert Contracting Co., Inc. (not appealing
Argued January 21, 1892 Decided February 9, 1892 Livingston Smith for appellants. Benjamin H. Reeve for respondent. GRAY, J. The defendants were indicted and convicted, under section 654 of the Penal Code, for the unlawful and willful destruction of property. The property destroyed was a row-boat, belonging to one Davis. There was no dispute as to the willful destruction of the property, and it occurred under these circumstances. Its owner had placed it upon the waters of a mill-pond, which was indisputably