Legal Opinion
Nolan v. Carr
New York Supreme Court
Decided July 28, 1959PublishedCited by 1 opinion
1Opinion of the CourtFrederic T. Henry, J.
In this action, the plaintiffs seek to restrain the Town of Fleming from maintaining a drainage system along a public highway in a realty subdivision known as Forest Hills and discharging the water therefrom upon the premises owned by the plaintiffs.
The plaintiffs have been the owners since 1937 of a farm of about 50 acres in the Town of Fleming which fronts on the West Lake Road and is bounded on the south by Mobbs Road, both public highways. Plaintiffs’ farm is generally lower than the lands lying north and west thereof and there exists thereon a natural depression which is drained by field…
2Cases cited6 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- McCann v. . Chasm Power Co.New York Court of Appeals · 1914
- Melin v. RichmanSupreme Court of Connecticut · 1921
- Gibson v. StateNew York Court of Claims · 1946
- Howland v. Union Bag & Paper Corp.New York Supreme Court · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kennedy v. Hoog, Inc.New York Supreme Court · 1965