Moran v. McClearns
New York Supreme Court
PPEAL from a judgment of the county court of Onondaga county, upon a verdict of the jury, rendered on the second trial of the action.
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PPEAL from a judgment of the county court of Onondaga county, upon a verdict of the jury, rendered on the second trial of the action. The case, as it appeared on the appeal from the judgment rendered on the first trial, is reported in 60 Barb. 388. A new trial having been granted, upon the former appeal, the second trial was had, before the county judge of Onondaga county, and a jury, in October, 1871. Upon said trial a map made by John D. Borden was proved to be substantially correct, and was put in evidence. It was proven that the highway indicated on said map, as leading in a northerly and…
1Opinion of the Court
By the Court, Johnson, J.
There was no error in the county court in allowing the amendment, to the extent that it was allowed, as it did not change the cause of action, or alter it in any particular. True, the complaint before the justice did, in terms, charge the defendant with breaking and entering the plaintiff’s close, but the facts which constituted the real cause of action were stated, and these showed that the injury was occasioned not .by breaking and entering,.but by opening a sluice in a highway and turning the waters in the ditch of said highway upon *196the plaintiff’s land, to his…
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- Gould v. . BoothNew York Court of Appeals · 1876
- Laduca v. DravesAppellate Division of the Supreme Court of the State of New York · 1911
- Seely v. ShafferNew York Supreme Court · 1890
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