Egener v. New York & Rockaway Beach Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York and Rockaway Beach Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county .of Queens on the 22d day of October, 1895, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Brown, P. J.:
The plaintiff is the owner of land, in Queens county which adjoins the defendant’s railroad. Prior to October, 1891, the railroad tracks were supported by a trestlework of wood. During that month the defendant filled in the trestlework with earth and stone and constructed a solid embankment for its roadbed.
The court found that prior to the erection of the embankment the surface water from the plaintiff’s premises flowed therefrom upon the defendant’s premises and through the trestlework to the westward. The embankment interrupted this flow of surface water and caused it to…
2Cases cited12 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Cairo & Vincennes R. R. v. StevensIndiana Supreme Court · 1881
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
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3Cited by3 opinions
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Erwin v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Bennett v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1903