Gordon v. Ellenville & Kingston Railroad
Appellate Division of the Supreme Court of the State of New York
■ Appeal by tbe plaintiff, Harry S. Gordon, from a judgment of the County Court of Ulster county in favor of the defendant; entered in •the office of the clerk of said county on the. 17th day of October, 1905, upon the dismissal of the complaint by direction of the court.
1Opinion of the Court
Sewell, J.:
This action was brought iii Justice’s Court to recover damages for an alleged trespass. It was alleged in the complaint that the defendant wrongfully and unlawfully diverted and changed the course of a stream of water and turned the same on and over plaintiff’s land to his damage in the sum of $200'. The answer of the defendant put in issue these allegations. The defendant did not defend in Justice’s Court and the plaintiff recovered a judgment. The defendant appealed for a new trial in the County Court where a nonsuit was granted.
*798It appeared by the evidence that,the defendant was…
2Cases cited11 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Sullivan v. . DunhamNew York Court of Appeals · 1900
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3Cited by4 opinions
- Van Alstyne v. Rochester Telephone Corp.City of New York Municipal Court · 1937
- Cooper v. StateNew York Court of Claims · 1918
- Allerton v. Rhineland Machine Works Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Weeks v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911