Beckwith v. Griswold
New York Supreme Court
ÍT the 11th day of April, 1850, the plaintiff commenced an action, in this court, against the defendants, for changing the channel of Seely creek, and diverting the water thereof, by means of. obstructions placed therein by the defendants, from its natural channel, in Southport, in the county of Chemung, so that the water of said creek, when high, flowed lands of the plaintiff in that town, and greatly injured them.
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ÍT the 11th day of April, 1850, the plaintiff commenced an action, in this court, against the defendants, for changing the channel of Seely creek, and diverting the water thereof, by means of. obstructions placed therein by the defendants, from its natural channel, in Southport, in the county of Chemung, so that the water of said creek, when high, flowed lands of the plaintiff in that town, and greatly injured them. That action was tried at the Chemung circuit in September, 1850, when the plaintiff obtained a verdict for $190 damages; on which verdict judgment was rendered in his favor,…
1Opinion of the Court
By the Court, Balcom, J.
The defendants' counsel claims that the allegations of the cause of action in the complaint were unproved in their entire scope and meaning, and that there was a failure of proof, which entitled the defendants to a nonsuit, by virtue of section 171 of the code. This is not so. The complaint not only states facts sufficient to constitute the cause of action for which the plaintiff recovered in this case, but also enough to constitute the cause of action for which he recovered in the first suit he brought against the defendants.
The plaintiff recovered damages in the…
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