Legal Opinion

Laduca v. Draves

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

Decided May 3, 1911PublishedCited by 6 opinions

Appeal by the defendant, Henry Draves, from a judgment of the County Court of Chautauqua county in favor of the plaintiff, entered in the office of the clerk of said county on the 24th day of January, 1910, upon the verdict of a jury for $175; also from an order entered in said clerk’s office on the 3d day of February, 1910, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 24th day of January, 1910, permitting…

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Appeal by the defendant, Henry Draves, from a judgment of the County Court of Chautauqua county in favor of the plaintiff, entered in the office of the clerk of said county on the 24th day of January, 1910, upon the verdict of a jury for $175; also from an order entered in said clerk’s office on the 3d day of February, 1910, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 24th day of January, 1910, permitting plaintiff to amend his complaint and to file the same nunc pro tunc as of the date of the trial.

1Opinion of the Court

Kruse, J.:

The judgment from which the defendant appeals is for damages sustained by flooding th¿ plaintiff’s land and injuring his vineyard .and crops, wrongfully, caused by the defendant, as the plaintiff contends.

The controversy is between the defendant, a highway commissioner, and the plaintiff, the owner of a farm adjoining the highway. A ditch on the plaintiff’s farm.discharged its waters into the highway. The defendant, for the purpose of protecting the highway, obstructed the ditch, and turned the water back on the plaintiff’s land, causing the damage.

The primary; question presented by…

2Cases cited7 opinions

  1. Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
  2. Cook v. . HarrisNew York Court of Appeals · 1875
  3. Richardson v. RichardsonTennessee Supreme Court · 1850
  4. Foot v. BronsonNew York Supreme Court · 1871
  5. Moran v. McClearnsNew York Supreme Court · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Foster v. WebsterNew York Supreme Court · 1943
  2. Sellnow v. O'DonnellAppellate Division of the Supreme Court of the State of New York · 1981
  3. Bozydaj v. Town of PlattekillAppellate Division of the Supreme Court of the State of New York · 1979
  4. Guest v. Consolidated Rail Corp.New York Supreme Court · 1981
  5. Morey v. StateAppellate Division of the Supreme Court of the State of New York · 1969

1 more not listed; retrieve them via the Exa API.

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