Deigleman v. New York, Lackawanna & Western Railway Co.
Superior Court of Buffalo
Action by Bosa Deigleman against the New York, Lackawanna & Western Railway Company to restrain defendant from maintaining certain ditches on its land, and to recover damages for causing the overflow of plaintiff’s land. Defendant’s railway runs easterly, crossing Military road at about 15 feet above grade.
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Action by Bosa Deigleman against the New York, Lackawanna & Western Railway Company to restrain defendant from maintaining certain ditches on its land, and to recover damages for causing the overflow of plaintiff’s land. Defendant’s railway runs easterly, crossing Military road at about 15 feet above grade. The embankment east of Military road was constructed with ■earth taken from defendant’s land on each side of the railway track, leaving a ditch (borrow pit) on each side about 50 feet wide and 15 feet deep at the westerly end, and extending easterly along the track about 650 feet. These…
1Opinion of the CourtHatch, J.
It is conceded by defendant that it possesses no right to collect the surface' water to an extent beyond the capacity of the pits, and discharge the overflow upon plaintiff’s premises; and its claim is that it has not done such act, but that the water collected in the borrow pits is due to the fact of •the construction of the embankment by which the water is 'turned back into the pit, and from thence it is conveyed in the Military road, its natural channel, and discharged therein. Defendant has performed all the duties resting upon it, and if the overflow upon plaintiff’s premises is due to…
2Cases cited4 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Peck v. . GoodberlettNew York Court of Appeals · 1888
3Cited by2 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Wickham v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903