Ludlow v. Village of Yonkers
New York Supreme Court
THE corporate authorities of the village of Yonkers graded, curbed and guttered a street along the plaintiff’s land. The point of discharge from the gutters was upon the plaintiff’s land.
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THE corporate authorities of the village of Yonkers graded, curbed and guttered a street along the plaintiff’s land. The point of discharge from the gutters was upon the plaintiff’s land. The defendant, at the request of the plaintiff, constructed an open drain to receive the drainage from the surface of the street and convey it across the plaintiff’s land to the Hudson river, and to do this erected a sustaining wall to support the embankment on which this open drain was constructed. This wall proved insufficient for the purpose for which it was built and fell down and injured the mill of the…
1Opinion of the Court
By the Court,
J. F. Barnard, J.
From a careful examination I think this judgment can not be sustained. The damages should be only the actual injury sustained by the *494plaintiff, with interest from the time of the injury. If rent is recoverable, it would only be for such time as was necessary to repair the premises and restore them to their usefulness. The plaintiff can repair at his pleasure. He has not yet repaired, and has recovered rent from 1861 down to the trial, and perhaps to the date of the referee’s report in 1864. There is no proof on which this rent can be recovered. The plaintiff can…
2Cited by3 opinions
- Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
- Citizens' Street Railroad v. HobbsIndiana Court of Appeals · 1896
- Duryea v. Mayor of New YorkNew York Supreme Court · 1881