Legal Opinion
Morgan L. Co. v. N.Y., N.H. H.R.R. Co.
New York Court of Appeals
Decided July 11, 1933PublishedCited by 4 opinions
1Opinion of the Court
This action is brought by the Morgan Lake Company to recover damages caused by the operation of trains over Morgan lake, situated in Dutchess county. The smoke and cinders from the locomotives, it is claimed, damaged the crop of ice, from the year 1908 to 1928. The referee, to whom the action was referred, allowed damages for the years 1913 to 1916 and from 1920 to 1928, in the sum of $63,377.90, and interest from the commencement of the action, $16,266.99, amount in all, $79,644.89.
The basis of the cause of action is a covenant in the two deeds from the owner of the lake conveying to the…
2Cases cited11 opinions
- Jones v. . MorganNew York Court of Appeals · 1882
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
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3Cited by4 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Weber v. West Seattle Land & Improvement Co.Washington Supreme Court · 1936
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941