Cooper v. New York, Lackawanna & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
■ Appeal in each of the above-entitled actions by the defendants, The Rew York, Lackawanna and Western Railway Company and another, from a judgment of the Supreme Court in each action in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 23d day of January, 1907, upon the report of a referee, the judgment in action Ro. 2 granting an injunction requiring the defendant the Delaware, -Lackawanna and Western Railroad.
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■ Appeal in each of the above-entitled actions by the defendants, The Rew York, Lackawanna and Western Railway Company and another, from a judgment of the Supreme Court in each action in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 23d day of January, 1907, upon the report of a referee, the judgment in action Ro. 2 granting an injunction requiring the defendant the Delaware, -Lackawanna and Western Railroad. Company to restpre -certain dikes and embankments, to rebuild the side dam,, and to reconstruct a certain bridge across the Conhocton river,…
1Opinion of the Court
Kruse, J.:.While we are not disposed to disagree with the conclusions of the learned referee that the overflow of the lands in question, and the *130consequent injury thereto, was caused primarily by the improper and négligent alignment of the bridge piers and abutments, and that the defendant is legally liable, therefor, we think that his findings of the value of the lands and the amount of the damages cannot be sustained. .
Two bridges have been constructed .at' this place by the railroad-company, one in 1881, and the other twenty years later. The first ' bridge rested upon two abutments and a…
2Cases cited6 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Swan v. StilesAppellate Division of the Supreme Court of the State of New York · 1904
- Higgins v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Senglaup v. Acker Process Co.Appellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grant v. CommissionerUnited States Board of Tax Appeals · 1934
- Zidel v. StateNew York Court of Claims · 1949
- Olney v. Culluloo Park Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Grant v. CommissionerUnited States Board of Tax Appeals · 1934