Hartshorn v. . Chaddock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made October 23, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee adopted an improper measure of damages and received improper evidence to prove the same.
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Appeal from judgment of the General Term of the Supreme Oourt in the fifth judicial department, entered upon an order made October 23, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee adopted an improper measure of damages and received improper evidence to prove the same. (Barrick v. Schifferdecker, 48 Hun, 355 ; Wallace v. Drew, 59 Barb. 423 ; Van Buren v. F. & M. W. Co., 50 Hun, 448; 105 N. Y. 503; 45 id. 562; 53 id. 152; 1 Sedg. on Dam. [7th ed.]…
1Opinion of the CourtO’Bbiem, J.
The recovery in this case is based upon the
wrongful obstruction by the defendant of a stream or water course, in consequence of which the plaintiff’s land was flooded and the soil washed away and personal property thereon destroyed. The trial was had before a referee, and as the evidence was conflicting upon the essential issues of fact, we must be governed by the findings in reviewing the case. The Canacadea creek is a non-navigable stream, originally over one hundred feet in width, passing through the city of Hornellsville in an easterly direction. The lots of .the plaintiff are on the…
2Cases cited4 opinions
- Graessle v. CarpenterSupreme Court of Iowa · 1886
- Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
- McKee v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1891
- Walters v. ChamberlinMichigan Supreme Court · 1887
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- Rempfer v. Deerfield Packing Corp.Supreme Court of New Jersey · 1950
- General Outdoor Advertising Co. v. Lasalle Realty Corp.Indiana Court of Appeals · 1966
- Jenkins v. EtlingerNew York Court of Appeals · 1982
- Fisher v. Qualico Contracting Corp.New York Court of Appeals · 2002
- Gass v. Agate Ice Cream, Inc.New York Court of Appeals · 1934
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