Sheldon v. . Sherman
New York Court of Appeals
Appeal from a judgment of the General Term in the fourth judicial district, affirming a judgment in favor of the plaintiff on trial before Mr. Justice ¡Bocees, without a jury. The plaintiff claims to recover on an alleged contract made between himself and the defendants, and also on several contracts between other persons and the defendants, of which he is the assignee.
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Appeal from a judgment of the General Term in the fourth judicial district, affirming a judgment in favor of the plaintiff on trial before Mr. Justice ¡Bocees, without a jury. The plaintiff claims to recover on an alleged contract made between himself and the defendants, and also on several contracts between other persons and the defendants, of which he is the assignee. He charges that the defendants’ logs drifted down the Hudson river upon his lands, and remained there a longtime, causing to him great loss and damage. That the defendants thereupon, through Mayo Pond, their agent, claimed the…
1Opinion of the CourtHunt, J.
There is a large class of cases, in which injury is suffered by a party, where' the law gives no redress. If a tree growing upon 'the land of one is blown, down upon the premises of another,' and in its fall injures his shrubbery, or his house, or his person, he has no redress against him upon whose land the tree grew. If one builds a dam of such strength that it will give protection against all ordinary floods, the occurrence of an extraordinary flood by which it is carried away, and its remains áre lodged upon the premises of the owner below, or by means whereof the 'dam below is carried…
2Cases cited5 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Norton v. CoonsNew York Supreme Court · 1846
- Reeder v. Anderson's AdministratorsCourt of Appeals of Kentucky · 1836
3Cited by17 opinions
- Dunsbach v. HollisterNew York Supreme Court · 1888
- Klepsch v. DonaldWashington Supreme Court · 1892
- Turner v. CoppolaNew York Supreme Court · 1980
- Gibson v. DentonAppellate Division of the Supreme Court of the State of New York · 1896
- Crosson v. Lion Oil Refining CompanySupreme Court of Arkansas · 1925
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