Legal Opinion

Smith v. Village of Victor

New York Supreme Court

Decided October 14, 1929PublishedCited by 5 opinions

1Opinion of the CourtTaylor, J.

The complaint alleges that plaintiff is the owner of ' a building situated on lands in the village of Victor adjacent to a stream which is carried through a culvert under the highway in said village; that in November, 1927, the culvert became obstructed by a wagon wheel or other debris lodging against a projection extending from the top of the culvert into the stream; that in July, 1928, rains fell upon the watershed and, as a result of the obstruction caused by the accumulation of debris in the culvert, plaintiff’s premises were flooded and the foundation walls of his building damaged. It is…

2Cases cited4 opinions

  1. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  2. Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
  3. Herman v. . City of BuffaloNew York Court of Appeals · 1915
  4. Roberts v. City of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by5 opinions

  1. Adonnino v. Village of Mount MorrisNew York Supreme Court · 1939
  2. Jablon v. City of New YorkNew York Supreme Court · 1941
  3. Liebowitz v. Denison Realty CorporationAppellate Division of the Supreme Court of the State of New York · 1937
  4. Collyer v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1936
  5. Harvey v. Permanent Mission of The Republic of Sierra Leone to the United NationsDistrict Court, S.D. New York · 2022

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