Rensselaer v. Albany & West Stockbridge Railroad
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 1 Hun, 507; 3 1ST. Y. S. C. [T. & C.], 620.) This action was brought to recover damages occasioned by a landslide from an embankment of the defendant’s road upon plaintiff’s premises, alleged to have been caused by defendant’s negligence.
Read the full summary
Appeal from order of the G-eneral Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 1 Hun, 507; 3 1ST. Y. S. C. [T. & C.], 620.) This action was brought to recover damages occasioned by a landslide from an embankment of the defendant’s road upon plaintiff’s premises, alleged to have been caused by defendant’s negligence. In 1859 the father of plaintiff was the owner of land through which defendant’s road was built. There was a steep hillside, which required a heavy embankment for the…
1Opinion of the CourtRapallo, J.
Although the referees have found that the embankment was carried away through the negligence of the defendants, yet they have not found any other negligence than such as consisted in the mode of construction of the embankment, and in allowing it to remain in the condition in which it was at the time of the execution, by the plaintiff’s father, of the instrument dated January 20, 1859. The referees find that the embankment was then in an unsafe condition, and in a condition in which it was negligent to allow it to remain, but they do not find that it had become dilapidated for want of repairs,…
2Cited by7 opinions
- Simmons v. . CrisfieldNew York Court of Appeals · 1910
- Pennsylvania Rd. Co. v. Kearns, RecorderOhio Court of Appeals · 1943
- Swinburne v. SwinburneSupreme Court of Rhode Island · 1914
- Delaware County Electric Cooperative, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- Allerton v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.