Early tort law was heavily weighted towards injuries that involved train accidents. Here in the New York City metropolitan region with its huge dependence on rail transport, the older typical nineteenth century tort claims and defenses continue for injuries caused by subways, commuter lines and train equipment.
Land developer’s construction of building encroached upon neighbors’ land. Britton Property, Inc., a developer, constructed a new six-story residential building located on Britton Avenue, in Elmhurst Queens. Britton installed 17 steel I-beams, a roof cap, and a brick façade that physically encroached on surrounding properties and the properties’ airspace. Britton’s architectural plans provided for the beams to be installed temporarily on the surrounding properties, but Britton failed to remove them.