Bowman v. . Town of Chenango
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 13, 1918; affirming a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 13, 1918; affirming a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action. (Whitney v. Town of Ticonderoga, 127 N. Y. 40; Winchell v. Town of Camillus, 109 App. Div. 341, 190 N. Y. 536; Ashberry v. Town of West Seneca, 33 N. Y. S. R. 431;…
1Opinion of the CourtPound, J.
Plaintiff’s complaint alleges in substance that a steel and concrete culvert, over a small dry creek, flowing in times of freshet, was so negligently constructed and maintained across a highway by the defendant’s town superintendent of highways, in place of an adequate old wooden culvert, that on two occasions when rainstorms occurred, it was inadequate to care for the water which flowed down the creek, causing it . to back up and overflow upon plaintiff’s land, thus damaging her property. Does it state a cause of action?
“ The common law of this state gives a right of action against…
2Cases cited8 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Garlinghouse v. . JacobsNew York Court of Appeals · 1864
- Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Logan v. StateNew York Court of Claims · 1937
- Brothers v. Town of LeonAppellate Division of the Supreme Court of the State of New York · 1921
- Christman v. StateNew York Court of Claims · 1947
- Borden v. StateNew York Court of Claims · 1920
- Rupert v. Town of West SenecaNew York Court of Appeals · 1944
4 more not listed; retrieve them via the Exa API.