Peck v. . Goodberlett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme . Court in the fifth judicial department, entered upon an order made October 24,-1885, which reversed a judgment in favor of defendant, entered upon the report of a referee, and ordered a new trial. The nature of the action and the material facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme . Court in the fifth judicial department, entered upon an order made October 24,-1885, which reversed a judgment in favor of defendant, entered upon the report of a referee, and ordered a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. The owner or proprietor of land may fill up low or wet places or erect any structures thereon, -for Ms own convenience, even though the surface-water naturally flowing thereover is thereby dammed up and set back upon the upper proprietor: (Goodale v.…
1Opinion of the CourtDanforth, J.
The plaintiff and defendant were owners of adjoining farms. The south line of the plaintiff’s, was the north line of the defendant’s farm, and having regard to the general slope or inclination of the land forming the premises, the plaintiff’s farm was below and the defendant’s farm above. The plaintiff was, therefore, so situated that his land must receive such surface-water as at any time flowed naturally from the defendant’s land northerly, and for this he evidently could have no cause of action. His complaint, as set forth in the pleadings, is of a different character, viz., that, prior to…
2Cases cited1 opinion
- McCormick v. . HoranNew York Court of Appeals · 1880
3Cited by40 opinions
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- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Wharton v. StevensSupreme Court of Iowa · 1891
- Hudson v. Herschbach Drilling Co.New Mexico Supreme Court · 1942
- Pond v. . HarwoodNew York Court of Appeals · 1893
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