Thomas v. . Utica Black River R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1881, which affirmed a judgment entered upon an order overruling a demurrer to plaintiffs complaint herein. The substance of the complaint and the grounds of demurrer are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1881, which affirmed a judgment entered upon an order overruling a demurrer to plaintiffs complaint herein. The substance of the complaint and the grounds of demurrer are stated in the opinion. Although the distinction of actions by defining them as ex delicto and ex contractu is not in terms adopted by the Code, under it causes of action of the two characters cannot be joined in the same complaint unless they arise out of the same transaction, or transactions…
1Opinion of the CourtMiller, J.
This case arises upon a demurrer to the plaintiff’s complaint on the ground that it contains two causes of action which are improperly united. The first cause of action alleges, in substance, that the defendant erected and wrongfully and unlawfully maintains a heavy wall on the easterly side of a stream flowing southwardly through the village of Remsen for the protection of its road-bed, by means whereof the stream, in time of high water, is turned into and through the dwelling-house and grounds of the plaintiff on the west bank of the stream, whereby the property was damaged. The second…
2Cases cited1 opinion
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
3Cited by5 opinions
- French v. Western New York & Pennsylvania RailroadNew York Supreme Court · 1893
- Compton v. HughesNew York Supreme Court · 1885
- Graham v. President of the Delaware & Hudson Canal Co.New York Supreme Court · 1887
- Leggett v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1886
- Leggett v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1886