Acker v. Town of New Castle
New York Supreme Court
Appeal from special term; J. O. Dykhan, Justice. Action brought by Rose Acker against the town of Hew Castle. Erom the order dismissing her. complaint plaintiff appealed.
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Appeal from special term; J. O. Dykhan, Justice. Action brought by Rose Acker against the town of Hew Castle. Erom the order dismissing her. complaint plaintiff appealed. The following are the material portions of the complaint: “(4) That * * * said defendant * * * caused the said highways, in front of said plaintiff’s house and premises, to be filled in or raised with earth from four to five feet, so that said plaintiff’s premises were from six to seven feet below the level of said highway from what it was previous to the said filling in. (5) That the raising and filling up of said highways,…
1Opinion of the CourtPratt, J.
This action was brought to recover damages sustained by plaintiff by repairing a highway in the defendant town in such manner as to throw surface water upon her lands. In other words, the grade of the highway was raised in front of plaintiff’s premises, which dammed up the water, and caused it to set back upon plaintiff’s land. There is no allegation in the complaint of a defect in the highway, but there is an allegation that the work was done in a negligent and unskillful manner, which caused the injury. The complaint was dismissed because it did not state facts sufficient to constitute a…
2Cases cited2 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Gould v. . BoothNew York Court of Appeals · 1876
3Cited by3 opinions
- Winchell v. Town CamillusAppellate Division of the Supreme Court of the State of New York · 1905
- Barber v. Town of New ScotlandNew York Supreme Court · 1895
- Mackey v. Town of LockeNew York Supreme Court · 1889