Boughton v. Carter
New York Supreme Court
IN ERROR, on certiorari, to a Justice’s Court. Carter sued Boughton before the Justice, for obstructing the turnpike road and ditch, opposite to the land and garden of the plaintiff, so as to cause freshets, and the water to 4 7 run upon* and wash his land and garden* The defendant, , . 7 at the trial, admitted that he made the obstructions complained of, and contended that he had legal right .to do so, jn or(jer (uaké the necessary repairs to the road, and to prevent its…
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IN ERROR, on certiorari, to a Justice’s Court. Carter sued Boughton before the Justice, for obstructing the turnpike road and ditch, opposite to the land and garden of the plaintiff, so as to cause freshets, and the water to 4 7 run upon* and wash his land and garden* The defendant, , . 7 at the trial, admitted that he made the obstructions complained of, and contended that he had legal right .to do so, jn or(jer (uaké the necessary repairs to the road, and to prevent its being injured by the rain or freshets. The cause was tried by a jury. The plaintiff proved that the defendant had made a…
1Per curiam
We ought not to disturb this verdict. It appears that the question before the jury was, whether the bar across the road had been properly constructed, and whether the damage done to the plaintiff’s garden might not, with reasonable care and diligence, have been avoided. A turnpike company have a legal right to repair their road, in such a manner as to prevent the effect of rains or freshets; but in the exercise of this right, they are bound so to make the repairs, as not to injure the owner of the adjoining land. They have no authority to turn the water which washes the road upon the land…
2Cited by9 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Isler v. BrownSupreme Court of North Carolina · 1929
- Isler v. . BrownSupreme Court of North Carolina · 1929
- Kramer & Rahm's AppealSupreme Court of Pennsylvania · 1860
- Schaw v. DietrichsIndiana Superior Court · 1872
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