Orvis v. Elmira, Cortland & Northern Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emerson Orvis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 18tli day of February, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office - on the 18tln day. of February, 1895, denying th¿ plaintiff’s motion, for '■& nesv trial' made,, upon -a -.case, and. exceptions. • ' . . ■ ; ...
1Opinion of the Court
Putnam, J.:
This action was brought to recover damages arising from the construction of defendant’s railroad bridge and embankment in the town of Horseheads, Chenango county, thereby causing an obstruction in the flow of. the Waters of Rewtown creek, and the flooding of plaintiff’s lands. The complaint alleged: “ That heretofore the Utica, Ithaca and Elmira Railroad Co. constructed its railroad through said town of Horseheads and across Hewtown ,creék, and the low lands situate on either side- thereof,, and. raised and Constructed an embankment for its roadbed through the said lands adjoining…
2Cases cited7 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Irvine v. . WoodNew York Court of Appeals · 1872
- Johnson v. LewisSupreme Court of Connecticut · 1839
- Hubbard v. RussellNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mullen v. . WashburnNew York Court of Appeals · 1918
- Dobbins v. Pratt Chuck Co.New York Court of Appeals · 1926
- Zidel v. StateNew York Court of Claims · 1949
- Freund v. KearneyAppellate Terms of the Supreme Court of New York · 1898
- Olney v. Culluloo Park Co.Appellate Division of the Supreme Court of the State of New York · 1918