Selden v. Delaware & Hudson Canal Co.
New York Court of Appeals
This action was commenced by David Selden in the year 1854, to recover damages for. lands alleged to have been taken by the defendants in the enlargement of their canal, after the year 1846, and for injuries to other lands belonging to the plaintiff adjoining those thus taken, by water which soaked through the banks in consequence of raising the banks and increasing the depth of water in the canal.
Read the full summary
This action was commenced by David Selden in the year 1854, to recover damages for. lands alleged to have been taken by the defendants in the enlargement of their canal, after the year 1846, and for injuries to other lands belonging to the plaintiff adjoining those thus taken, by water which soaked through the banks in consequence of raising the banks and increasing the depth of water in the canal. The plaintiff alleged that the defendants were incorporated by the legislature in the year 1823, with power to construct a canal or slack-water navigation, of suitable width, depth and dimensions,…
1Opinion of the CourtSelden, J.
The first question to be considered is, whether the orders denying the motions to set aside the verdict are here for review. Clearly they are not. It is not material that they are not mentioned in the notice of appeal. If they were, re viewable here under any circumstances, they would be'so on the appeal from the judgment. They are not, however, intermediate orders involving the merits, and necessarily affecting the judgment, within subdivision two of the eleventh section of the code of procedure, They are not intermediate orders in any cause, but entirely outside of the judgment.
They were…
2Cases cited5 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Calking v. BaldwinNew York Supreme Court · 1830
- Foot v. New Haven & Northampton Co.Supreme Court of Connecticut · 1854
- Eggleston v. New York & Harlem Rail RoadNew York Supreme Court · 1859
- Selden v. Delaware & Hudson Canal Co.New York Supreme Court · 1855