Legal Opinion

Winchell v. Town Camillus

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905PublishedCited by 11 opinions

.Appeal by the. defendant, the Town of. Camillus, from a judgment of the County Court of - Onondaga county in .favor of the plaintiff, entered in the office of the clerk of the county of Onondaga . on the 22d day of June, 1905, upon the verdict of a jury for $170, .and also from an order entered'ip said clerk’s office on the 19th day of June, 1905, denying the defendant’s plotion-for a new .trial made - upon the minutes. - ' > .

1Opinion of the Court

Williams, J.:

The judgment and order should be reversed Upon questions Of law only and a new trial granted, with costs to the appellant to .abide event,. . -

The action is to recover damages for negligence in permitting a sluiceway across a highway under the traveled part thereof to become filled up so as to set back surface water accustomed to flow through the same upon the plaintiff’s premises.

The complaint, the briefs of both counsel, and the court in its charge state that the action is for negligence ef the defendant, the town. It is well settled, and has never been questioned, that a town…

2Cases cited4 opinions

  1. Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
  2. Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891
  3. Robinson v. Town of FowlerNew York Supreme Court · 1894
  4. Acker v. Town of New CastleNew York Supreme Court · 1888

3Cited by11 opinions

  1. Goncalves v. Regent International Hotels, Ltd.New York Court of Appeals · 1983
  2. Slattery v. CothranAppellate Division of the Supreme Court of the State of New York · 1924
  3. Bowman v. . Town of ChenangoNew York Court of Appeals · 1920
  4. Borden v. StateNew York Court of Claims · 1920
  5. Dye v. Town of Cherry CreekNew York Supreme Court · 1914

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