Miller v. New York, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made January 8, 1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirméd an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by the flow, in times of rains and thaws, of earth and debris from a railroad embankment of defendant upon the adjacent premises of the plaintiffs.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made January 8, 1889, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirméd an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by the flow, in times of rains and thaws, of earth and debris from a railroad embankment of defendant upon the adjacent premises of the plaintiffs. The facts, so far as material, are stated in the opinion. The defendant is not liable for the damages done to the plaintiffs’…
1Opinion of the CourtEarl, J.
On. the 2d day of October, 1882, the defendant, a railroad corporation, organized under the laws of this state, owned a railroad completed for operation, extending from Binghamton to the city of Buffalo, and on that day it leased its road, with all its real estate, personal property and franchises, to the Delaware, Lackawanna and Western Eailroad Company, a Pennsylvania corporation. The term of the lease was for the corporate life of the lessor and any extension thereof.. In consideration of the lease, the lessee agreed to pay all the debts of the lessor then existing and outstanding, and…
2Cases cited3 opinions
- McCafferty v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1874
- Wasmer v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Ditchett v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1876
3Cited by5 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Ackerman v. Cincinnati, Saginaw & Mackinaw RailroadMichigan Supreme Court · 1906
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1915
- Throne v. Lehigh Val. Railway Co.New York Supreme Court · 1895