Gould v. . Booth
New York Court of Appeals
The nature of the action and the facts are sufficiently set forth in the'"opinion: Defendants were liable for injuries from- thé accumulation of' water on plaintiffs’ lands, resulting from the embankment.
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The nature of the action and the facts are sufficiently set forth in the'"opinion: Defendants were liable for injuries from- thé accumulation of' water on plaintiffs’ lands, resulting from the embankment. (Pixley v. Clark, 35 N. Y., 520, 521; Billows v. Sackett, 29 Barb., 97; Domat, 616 [Cushion’s ed:]; Moran, v. McClearns, 63 Barb., 185; Waffles v. N. Y. C. R. R. Co., 58 id., 413; Washb. on Easements [3d ed.], § 6, p. 450; Kauffmam v. Griesmer, 26 Penn., 407; Martin v. Riddle, id., 415; Lattimore v. Davis, 14 La., 161; Bassett v. Salesbury, etc., 43 N. H., 569, 571; Butler v. Peck, 16 Ohio,…
1Opinion of the Court
Ohukoh, Oh. J.
This action is brought against defendants as commissioners of highways of the town of Southold, Suffolk county, to recover damages alleged to have been sustained by the plaintiffs by reason of an insufficient culvert in an embankment in a highway, to drain the surface water from the low lands of the plaintiff abutting thereon. The plaintiff was nonsuited at the trial upon the ground that the public were not bound to provide a channel for the drainage of surface water.
I do not see how these defendants can be made liable in any event. They did not put in the culvert, nor had they…
2Cases cited5 opinions
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Garlinghouse v. . JacobsNew York Court of Appeals · 1864
- Waffle v. New York Central RailroadNew York Supreme Court · 1870
- Moran v. McClearnsNew York Supreme Court · 1872
3Cited by8 opinions
- City of Texarkana v. TalbotCourt of Appeals of Texas · 1894
- Bowman v. . Town of ChenangoNew York Court of Appeals · 1920
- Erie R.R. Co. v. SellsNew York Court of Appeals · 1948
- Barber v. Town of New ScotlandNew York Supreme Court · 1895
- Borden v. StateNew York Court of Claims · 1920
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