Flinn v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. Defendant was not liable for any damage done to adjacent property unless it was proved that such damage was occasioned by the negligence of defendant or its servants. It was not liable for any incidental damages occasioned by the lawful…
1Opinion of the CourtEabl, J.
This is an action commenced December 2d, 1884, to recover damages for the injuries to and destruction by fire of the plaintiff’s wooden dwelling house situated upon his lot adjoining the defendant’s railroad in the city of Albany in the preceding August.
About 1844 a railroad company, to whose rights and property the defendant succeeded, constructed upon a strip of land belonging to it a railroad with two tracks, and in 1874, some years after the defendant had become the owner of the railroad and strip of land, it constructed two more tracks, one upon each side of the other two, and the four…
2Cited by3 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Frier v. President of Delaware & H. Canal Co.New York Supreme Court · 1895