Brewer v. Califf
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelbert D. Brewer, from a judgment of the County Court of Chemung county in favor of the defendant, entered in the office of the clerk of the county of Chemung on the-21st day of June, 1904, upon the decision of the court, reversing a judgment in favor of the plaintiff rendered by a justice of the peace of the town of Erin, Chemung county, on the 18th day of April, 1903, and also from an order of said County Court, entered in said clerk’s office on…
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Appeal by the plaintiff, Adelbert D. Brewer, from a judgment of the County Court of Chemung county in favor of the defendant, entered in the office of the clerk of the county of Chemung on the-21st day of June, 1904, upon the decision of the court, reversing a judgment in favor of the plaintiff rendered by a justice of the peace of the town of Erin, Chemung county, on the 18th day of April, 1903, and also from an order of said County Court, entered in said clerk’s office on the 7th day of July, 1904, amending the judgment appealed from.
1Opinion of the Court
Smith, J.:
The appellant here seeks to reverse a judgment of the Chemung County Court reversing a judgment of a justice of the peace in favor of the plaintiff as against the weight of evidence. The plaintiff and defendant owned adjoining farms. Upon the defendant’s farm was a watercourse, which was by him diverted so that the water flowed onto and over the land of the plaintiff, damaging about one acre of buckwheat, and, as is claimed by the plaintiff, damaging and rendering worthless about one acre of land. The damage to the buckwheat was shown to he ten dollars. The value of one acre, of…
2Cases cited1 opinion
- Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903