Brothers v. Town of Leon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Town of Leon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 14th day of August, 1920, on the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
This action was brought against the defendant town to recover for damage caused to the plaintiff’s crops because of the overflowing of a ditch constructed by the defendant and which, it is alleged, was permitted to fill up and overflow through the negligence of the defendant. The property in question is situated in the valley of Conewango creek. The soil consists of muck and the ground is level and swampy. The creek had been dredged and straightened, and ditches had been dug through the flat land to the creek to drain the land. That had resulted in making a large portion of the land…
2Cases cited6 opinions
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Litchfield v. . BondNew York Court of Appeals · 1906
- Bowman v. . Town of ChenangoNew York Court of Appeals · 1920
- Short v. Town of OrangeAppellate Division of the Supreme Court of the State of New York · 1916
- Morson v. Town of GravesendNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cleveland v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 1933
- Olin v. Town of North HempsteadNew York Supreme Court · 1962
- Rason Asphalt, Inc. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1958
- Sweeney v. FarringtonNew York Supreme Court · 1963
- Anderson v. Port Washington Public Parking DistrictAppellate Division of the Supreme Court of the State of New York · 1956
1 more not listed; retrieve them via the Exa API.