Legal Opinion

Covert v. City of Brooklyn

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1897PublishedCited by 3 opinions

Appeal by the defendant, The City of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the •office of the clerk of the county of Queens on the 30th day of June, 1896, upon the. verdict of a jury rendered-after a trial at a Trial Term of the Supreme Court held in and for the county of- Queens, ■and also from an order entered in said clerk’s office on the 23d day of June; 1896, denying-the'defendant’s motion fora new trial made upon the…

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Appeal by the defendant, The City of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the •office of the clerk of the county of Queens on the 30th day of June, 1896, upon the. verdict of a jury rendered-after a trial at a Trial Term of the Supreme Court held in and for the county of- Queens, ■and also from an order entered in said clerk’s office on the 23d day of June; 1896, denying-the'defendant’s motion fora new trial made upon the minutes.

1Per curiam

The action is brought to recover damages for the diversion of water running in a watercourse and used for supplying plaintiff’s mill with motive power. The principal questions which control this case were disposed of by us on a former appeal in. another action between the same parties. (Covert v. City of Brooklyn, 6 App. Div. 73.) The present case raises no other question than that the former recovery of damages constitutes a bar to the maintenance of the present action'. Our former decision also settled this question by implication, as it expressly limited the recovery therein to damages…

2Cases cited4 opinions

  1. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  2. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  3. Carll v. Village of NorthportAppellate Division of the Supreme Court of the State of New York · 1896
  4. Covert v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Ackerman v. TrueAppellate Division of the Supreme Court of the State of New York · 1900
  2. Ackerman v. TrueAppellate Division of the Supreme Court of the State of New York · 1900
  3. Hellinger v. City of New YorkNew York Supreme Court · 1916

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