Covert v. . Cranford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to a pond belonging to plaintiff, alleged to have been caused by excavations made by defendants in the construction of an aqueduct.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to a pond belonging to plaintiff, alleged to have been caused by excavations made by defendants in the construction of an aqueduct. The facts, so far as material, are stated in the opinion. The defendants never were liable so long as they properly performed their…
1Opinion of the Court
Andrews, Ch. J.
The defendants in the year 1890, under a contract with the city of Brooklyn, constructed a conduit running in an easterly and westerly direction, connecting certain ponds at Massapequa, Long Island, with the Bidgewood reservoir, in aid of the water supply of the city. The conduit line crossed the valley of James brook, a small stream running northerly and southerly, which supplied a pond of the plaintiff on his premises about a mile below the point where the conduit crossed the stream, which furnished the water power for a small mill on the plaintiff’s land, which had existed…
2Cases cited3 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Waggoner v. JermaineNew York Supreme Court · 1846
- Snedeker v. WarringNew York Court of Appeals · 1854
3Cited by6 opinions
- Smith v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- Wilks v. New York Telephone Co.New York Court of Appeals · 1926
- Smith v. CranfordNew York Supreme Court · 1895
- Meneely v. Kinser Construction Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Brown v. Welsbach Corp.Appellate Division of the Supreme Court of the State of New York · 1949
1 more not listed; retrieve them via the Exa API.