Roberts v. City of Glens Falls
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City of Glens Falls, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Warren on the 22d day of July, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes-.
1Opinion of the Court
Woodward, J.:
The plaintiff is the owner of a parcel of land in the city of Glens Falls, through which a small brook, rising outside of his premises, flows. This brook leaves his premises at the margin of Murray street, following its regular course, and passes under the highway through a culvert. The premises through which Murray street is constructed, as well as the premises now owned by the plaintiff, were originally owned by the Morgan Lumber Company, and this company constructed the culvert above mentioned, subsequently conveying the fee of the street to the city of Glens Falls. There is…
2Cases cited2 opinions
- Scriver v. . SmithNew York Court of Appeals · 1885
- Greeley v. StateAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Smith v. Village of VictorNew York Supreme Court · 1929
- C. M. Bott Furniture Co. v. City of BuffaloNew York Supreme Court · 1928