Vanderwiele v. . Taylor
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict, and granting a new trial. This action was brought to recover damages alleged to have been caused by defendant’s permitting water to accumulate on his premises, and from thence to flow into plaintiff’s cellar, causing injury to the wall of his building.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict, and granting a new trial. This action was brought to recover damages alleged to have been caused by defendant’s permitting water to accumulate on his premises, and from thence to flow into plaintiff’s cellar, causing injury to the wall of his building. The following undisputed facts appeared upon the trial: The plaintiff owned two lots in the city of Hew York, situated on the northerly side of a street, and the defendant owned five…
1Opinion of the Court
Earl, C.
The plaintiff built a house upon his lot adjacent to defendant’s lot situated westerly; and defendant’s lot descended easterly to plaintiff’s lot. While both lots were vacant and in this condition, plaintiff erected a brick house upon his lot, placing the westerly wall thereof upon the westerly line of his lot. The surface water which in the times of rains flowed upon defendant’s lot naturally flowed down to the wall of plaintiff’s house and there was obstructed and dammed up, and thus did the damage complained of. Defendant had done nothing upon his lot to interfere with the natural…
2Cases cited2 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Bentz v. ArmstrongSupreme Court of Pennsylvania · 1844
3Cited by31 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Lynch v. Mayor of New YorkNew York Court of Appeals · 1879
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