Chipman v. . Palmer
New York Court of Appeals
Appeal by the plaintiff from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 9 Hun, 517.) This action was brought to recover damages alleged to have resulted from a nuisance. It appeared from the evidence that plaintiff, in 1874, kept a boarding-house in the village of Saratoga Springs, near which flowed a small natural stream of water.
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Appeal by the plaintiff from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 9 Hun, 517.) This action was brought to recover damages alleged to have resulted from a nuisance. It appeared from the evidence that plaintiff, in 1874, kept a boarding-house in the village of Saratoga Springs, near which flowed a small natural stream of water. Defendant kept a boarding-house higher up on the same stream, the sewerage from which ran into the stream. The sewerage from a large…
1Opinion of the CourtMtt.t.tvr., J.
The charge of the judge upon the trial in reference to the damages embraced two propositions : First: That the defendant was not liable beyond the extent of the wrong which he had committed, nor for the injury which other parties had contributed to produce, and Second. That as to the amount of injury, the rental value of the premises was the true test. A general exception was taken to this portion of the charge.
The first proposition contained in the charge was clearly correct. The right of the plaintiff to recover of the defendant all the damages which he had sustained by reason of the…
2Cases cited5 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Slater v. . MersereauNew York Court of Appeals · 1876
- Chenango Bridge Co. v. LewisNew York Supreme Court · 1872
- Wallace v. DrewNew York Supreme Court · 1871
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- Ravo v. RogatnickNew York Court of Appeals · 1987
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Musco v. ConteAppellate Division of the Supreme Court of the State of New York · 1964
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