Bastable v. . City of Syracuse
New York Court of Appeals
Appeal from judgment of the General Term of "the Supreme Court, iu the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 8 Hun, 587.) This action was brought to recover damages alleged to have been sustained by plaintiff, by reason of the wrongful diversion and conducting upon plaintiff’s premises of surface water, by defendant in grading its streets.
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Appeal from judgment of the General Term of "the Supreme Court, iu the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 8 Hun, 587.) This action was brought to recover damages alleged to have been sustained by plaintiff, by reason of the wrongful diversion and conducting upon plaintiff’s premises of surface water, by defendant in grading its streets. Plaintiff obtained judgment for $328.42. Upon affirmance by the General Term, an order was granted giving the defendant leave to appeal to this court, without stating, however, that…
1Per curiam
We think this case probably falls within
the principle of Byrnes v. The City of Cohoes (67 N. Y., 204). But it does not come before us in such form that we can review it. The judgment being for less than $500, an order of the General Term was necessary to authorize an appeal to this court. The form of such order is prescribed by the act of 1874, chapter 322. That act requires that the General Term should make an order stating that the case involves some question of law which ought to be reviewed in this court. The order of the General Term in the present case contains no such statement.. It…
2Cases cited1 opinion
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
3Cited by5 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Squire v. . McDonaldNew York Court of Appeals · 1893
- Seifert v. City of BrooklynNew York City Court · 1884
- Health Department v. RectorNew York Court of Common Pleas · 1895
- Horne v. TerryNew York Court of Common Pleas · 1892