Easterbrook v. Erie Railway Co.
New York Supreme Court
APPEAL from a judgment rendered at the Steuben circuit in January, 1865, on the verdict of a jury. The plaintiff, in August, 1859, became seised in fee of a farm situate in Corning, Steuben county, over and across which ran a water course, which occasionally, in times of flood in the Chemung river, overflowed its banks, passed in a northerly direction over and across the plaintiff’s land, and on to and across the adjoining lands of a Mr. Hoyes. .Before the plaintiff had…
Read the full summary
APPEAL from a judgment rendered at the Steuben circuit in January, 1865, on the verdict of a jury. The plaintiff, in August, 1859, became seised in fee of a farm situate in Corning, Steuben county, over and across which ran a water course, which occasionally, in times of flood in the Chemung river, overflowed its banks, passed in a northerly direction over and across the plaintiff’s land, and on to and across the adjoining lands of a Mr. Hoyes. .Before the plaintiff had acquired title to this farm the defendants had acquired the right to consti'uct their roadway over and across the same; in…
1Opinion of the Court
By the Court, James C. Smith, J.
The exceptions taken by the defendants to the charge of the judge, and to his refusals to charge as requested, proceed upon the assumption that the plaintiff is chargeable with negligence in not having removed the bar of gravel which was thrown up on his premises by the flood of 1861. Upon no other hypothesis can it be insisted that the judge erred in charging the jury that if the unskillful location and construction of the culvert was the substantial cause of the injury, the plaintiff’s right to recover would not be affected, even though the course of the…
2Cases cited1 opinion
- Chase v. New York Central Rail RoadNew York Supreme Court · 1857
3Cited by9 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Jacksonville, Tampa & Key West Railway Co. v. LockwoodSupreme Court of Florida · 1894
- Dwight v. Elmira, Cortland and Northern RailroadNew York Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.