Burghen v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 21st day of Mlar.ch, 1907, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the said defendant’s amended demurrer to the complaint.
1Opinion of the Court
Robson, J.:
The complaint to which demurrer is interposed is made by a large number of plaintiffs, who own in severalty parcels of land abutting oil, or adjacent to, a natural stream of water known as Smokes creek. - They join in charging that the individual property of each has been damaged by the overflow of the waters of the creek caused by the unauthorized erection and 'maintenance by each of the defendants of a bridge across the creek with abutments thereto, so con*205structed as to impede the natural flow of the stream and dam back its waters, thus flooding plaintiffs’ lands and causing…
2Cases cited4 opinions
- Murray v. HayNew York Court of Chancery · 1845
- Brady v. WeeksNew York Supreme Court · 1848
- Warren v. . ParkhurstNew York Court of Appeals · 1906
- Burghen v. Erie RailroadNew York Supreme Court · 1907