Sabetto v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motion.by the- plaintiffs, Frank Sabetto and another, for a new " trial upon á case containing exceptions, ordered to .be heard at. the Appellate Division in the first instance upon a nonsuit granted by the court at the close of the plaintiffs’ case upon a trial at the Cayuga Trial Term in January, 1908.
1Opinion of the Court
Williams, J.:
The plaintiffs’ exceptions should be overruled and the motion for a new trial denied, with costs.
The action was brought to recover damages for injuries to crops and land occasioned by setting back water.
The railroad ran east and west. The plaintiffs’ lands lay just south of the railroad. Along through the center of plaintiffs’ land was a ridge, north and south, higher than other land in the vicinity. Many years ago the railroad constructed a ditch upon its right of way, running easterly from this ridge and emptying into a State ' ditch, and another one running westerly from this…
2Cases cited3 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Erwin v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Branson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- McGetrick v. ShoecraftAppellate Division of the Supreme Court of the State of New York · 1921
- Ferrello v. PossematoAppellate Division of the Supreme Court of the State of New York · 1929
- Snook v. New York Central & Hudson River RailroadNew York Supreme Court · 1915