Wilson v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Pennsylvania Bailroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 11th day of May, 1907, upon the report of a referee.
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Appeal by the defendants, The Pennsylvania Bailroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 11th day of May, 1907, upon the report of a referee. The action is brought to recover damages for injury and destruction of the plaintiff’s household goods resulting from the flooding of her house caused, as the plaintiff claims, through the negligence of the defendants in constructing a bridge over a stream with insufficient openings to permit the passage of the water. The action was…
1Opinion of the Court
Kruse, J.:
Dead creek, over which the railroad tracks are carried by the bridge in question, is a branch of Cattaraugus creek, joining the latter north of the railroads and near the mouth of Cattaraugus creek which flows into Lake Erie. The general course of the streams is northerly, and the tracks run easterly and westerly not far from the lake shore and cross both streams. The tracks are laid on a solid embankment of earth five to six feet above the level of the surrounding country except the creek openings, which are a little less than a mile apart and are bridged. The natural slope of the…
2Cases cited4 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Higgins v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Erwin v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Erwin v. . Erie Railroad CompanyNew York Court of Appeals · 1906
3Cited by4 opinions
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Mendelson v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- City of Independence Ex Rel. Flournoy v. DickinsonMissouri Court of Appeals · 1930
- New England Brick Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1912