Meneely v. Kinser Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the 'Kinser Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 8th day of May, 1908, upon the verdict of a jury for $450, and also from an order entered in said clerk’s office bn the 7th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes;
1Opinion of the Court
Smith, P. J.:
The defendant was constructing the new barge canal near Dun-ham’s Basin in Washington county, N. Y. In constructing one of the spoil banks according to the direction of the State Engineer he dammed up a small, ditch, which was called Dead creek, and which operated to drain certain lands northeasterly thereof. This plaintiff was the lessee of about three and one-half acres of land situated alongside of Dead creek about a mile and a half northeasterly of the place 'where the same was filled up. In September, 1907, there were heavy rains; his land was overflowed and a potato crop…
2Cases cited1 opinion
- Covert v. . CranfordNew York Court of Appeals · 1894
3Cited by4 opinions
- American Woolen Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Watson v. Empire Engineering Corp.New York Supreme Court · 1912
- American Woolen Co. v. StateNew York Court of Claims · 1920
- Evans v. Massman Construction Co.Missouri Court of Appeals · 1938