Atwater v. Trustees of Village of Canandaigua
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made March 25, 1890, which overruled exceptions ordered to be heard there in the first instance, denied a motion for a new trial and directed judgment on a verdict in favor of the-defendants.
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Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made March 25, 1890, which overruled exceptions ordered to be heard there in the first instance, denied a motion for a new trial and directed judgment on a verdict in favor of the-defendants. The plaintiff’s complaint alleged that in March, 1888, the-defendants wrongfully, negligently and carelessly erected a. coffer-dam in the outlet of Canandaigua lake, at the foot of Main street, in the village of Canandaigua, and maintained it there, by which the water of the lake was…
1Opinion of the CourtBradley, J.
It was within the power of the defendants to construct the bridge and bulk-heads with gates at the place Avliere the Avork Avas located and performed. The trustees of the village of Canandaigua were commissioners of highways in and for the village, having the powers of such commissioners (L. 1854, eh. 352, § 1), and in the construction of the bridge they were proceeding pursuant to authority, and in the performance of their duty. The coffer-dam placed in the channel was necessary to the construction of the bridge. It had the effect to stop the flow of water from the lake through the channel…
2Cases cited6 opinions
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- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- St. Peter v. . DenisonNew York Court of Appeals · 1874
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3Cited by35 opinions
- Manigault v. SpringsSupreme Court of the United States · 1905
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
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