Erwin v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susan G-. Erwin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Steuben on the 10th day of July, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Steuben Trial Term.
1Opinion of the Court
Spring, J.:
The plaintiff is a life tenant, and in common with others,'Whose interest in the present cause of action she has acquired, is the owner in fee of a farm of about 200 acres in the town of Erwin, county of Steuben. She has commenced this action to recover damages caused by the overflowage of water which she claims was diverted from its natural channel by the defendant.
The defendant’s railroad is constructed through the farm of the plaintiff, with an embankment of about sixteen feet in height. Tioga river, which is about one-third of a mile south of the railroad, is the southerly…
2Cases cited5 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Mundy v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Jeffers v. JeffersNew York Court of Appeals · 1887
- Egener v. New York & Rockaway Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Drake v. New York, Lackawanna & Western Railway Co.New York Supreme Court · 1894
3Cited by8 opinions
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Wilson v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Sabetto v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Smith v. StateNew York Court of Claims · 1921
- C. M. Bott Furniture Co. v. City of BuffaloNew York Supreme Court · 1928
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