Bellows v. Sackett
New York Supreme Court
This action was commenced before a justice of the peace, and was tried before the justice and a jury, December 20, 1850.' The plaintiff complained in writing for injury done to his dwelling house, by reason of the water which fell or ran from the roof of a house alleged by the plaintiff to be the defendant’s, which was next to the plaintiff’s house, and within about one foot thereof, which water ran through the cellar wall of plaintiff’s house into his cellar, and under the…
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This action was commenced before a justice of the peace, and was tried before the justice and a jury, December 20, 1850.' The plaintiff complained in writing for injury done to his dwelling house, by reason of the water which fell or ran from the roof of a house alleged by the plaintiff to be the defendant’s, which was next to the plaintiff’s house, and within about one foot thereof, which water ran through the cellar wall of plaintiff’s house into his cellar, and under the wall of his house, which had caused the wall of said plaintiff’s house to settle and crack open, the stone sills and…
1Opinion of the Court
By the Court, Johnson, J.
The defendant erected a dwelling house on his lot in the village of Seneca Falls, about twenty-five years before the commencement of this suit. About ten years thereafter the plaintiff erected his dwelling upon his lot adjacent. The eaves of the defendant’s building came within about two feet of the plaintiff’s. The water from the defendant’s roof, on the east side, fell between the buildings, and by percolation found its way into the plaintiff’s cellar through the cellar wall., to the injury of his wall and the lower timbers of *100the building. The case does not show…
2Cases cited4 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Panton v. HollandNew York Supreme Court · 1819
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Browne v. ScofieldNew York Supreme Court · 1850
3Cited by34 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Jutte v. . HughesNew York Court of Appeals · 1876
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