Ryan v. Harrigan
New York Supreme Court
Appeal from a judgment of the County Court of Rensselaer county, reversing a judgment in favor of the plaintiff, rendered by a justice of the peace. The action was brought in a Justice’s Court to recover damages occasioned by the negligence and carelessness of the defendant, in discharging the waste and surplus waters from his lot upon that of the plaintiff. The defendant interposed a general denial.
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Appeal from a judgment of the County Court of Rensselaer county, reversing a judgment in favor of the plaintiff, rendered by a justice of the peace. The action was brought in a Justice’s Court to recover damages occasioned by the negligence and carelessness of the defendant, in discharging the waste and surplus waters from his lot upon that of the plaintiff. The defendant interposed a general denial. On the trial plaintiff gave (under defendant’s objection that it was irrelevant, improper and immaterial, calling for an improper basis and estimate of damages, and also for the conclusion of the…
1Opinion of the Court
LbaRNED, P. J.:
The defendant did not set up title and give an undertaking under sections 55 and 56 of the Code.-
The question is whether it appeared on the trial from the plaintiff’s own showing, that the title to real property came in question and was disputed by the defendant. (§ 59.) The words “ on the trial” do not apply to the joining of issue, but to the trial. (Koon v. Mazuzan, 6 Hill, 44.) There was nothing on the trial of this case to show that the defendant disputed the plaintiff’s title. (Boyer v. Schofield, 2 Keyes, 632; Althause v. Rice, 4 E. D. Smith, 347; Bellows v. Sackett, 15…
2Cases cited6 opinions
- Adams v. RiversNew York Supreme Court · 1851
- Bellows v. SackettNew York Supreme Court · 1853
- Browne v. ScofieldNew York Supreme Court · 1850
- Honsee v. HammondNew York Supreme Court · 1862
- Boyer v. SchofieldNew York Court of Appeals · 1866
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