Packer v. . the Rochester and Syracuse R.R. Co.
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff brought his action to recover the value of a quantity of wheat, flour, barrels, &c., swept into the Genesee river during a flood and lost, in consequence of the undermining of his mill, on Brown’s race, in the city of Bochester, by which its floors fell and the contents of the mill were precipitated into the water.
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Appeal from the Supreme Court. The plaintiff brought his action to recover the value of a quantity of wheat, flour, barrels, &c., swept into the Genesee river during a flood and lost, in consequence of the undermining of his mill, on Brown’s race, in the city of Bochester, by which its floors fell and the contents of the mill were precipitated into the water. The defendant was charged with having produced this loss by closing a waste-weir in the wall of the race above the plaintiff’s mill, by which the surplus water would otherwise have escaped from the race. The defendant set up in its…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] If the determination of the appeal depended upon the question whether the defendants stand in legal privity with Walter S. Griffith and Lewis Selye, I should be of the opinion that the Supreme Court was right in its ruling, and that the judgment should be affirmed. By the foreclosure of the mortgage held by the Mechanics' bank and…
2Cases cited1 opinion
- Vroom v. DitmasNew York Court of Chancery · 1834
3Cited by18 opinions
- Trimm v. . MarshNew York Court of Appeals · 1874
- Becker v. . McCreaNew York Court of Appeals · 1908
- Lawyers Title & Guaranty Co. v. TausigCity of New York Municipal Court · 1933
- Smith v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
- Avery v. . Empire Woolen CompanyNew York Court of Appeals · 1880
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