Gillett v. Trustees of Village of Kinderhook
New York Supreme Court
Appeal from circuit court, Columbia county. Action by Asa Gillett against the trustees of the village of Kinder-hook to recover damages for injuries to plaintiff's land caused by the improper construction of a sewer. From a judgment entered on a verdict in favor of plaintiff for $2,700.75, and from an order denying a motion for a new trial, and refusing to set aside the verdict on the ground that it was contrary to evidence and contrary to law, defendant appeals. Reversed ■
1Opinion of the CourtPutnam, J.
We are of opinion that, on the testimony in this case, the jury could properly have rendered a verdict for the plaintiff for whatever damage he was shown to have sustained by reason of defendant's wrongful act in collecting and throwing on his premises the sewage and surface water from its streets. The principle decided in Urquhart v. City of Ogdensburg, 91 N. Y. 67, does not apply to such a case as this. The liability of the defendant is not so much on account of the grade of its streets, and its sewers therein, as of its negligent act in failing to provide a proper outlet for the discharge…
2Cases cited12 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Colrick v. . SwinburneNew York Court of Appeals · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Raible v. Hygienic Ice & Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Swift v. PooleAppellate Division of the Supreme Court of the State of New York · 1916
- Hull v. CronkAppellate Division of the Supreme Court of the State of New York · 1900
- Miller v. BarnettAppellate Division of the Supreme Court of the State of New York · 1913
6 more not listed; retrieve them via the Exa API.