Howard v. . City of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 27, 1912, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered Hay 27, 1912, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The-evidence establishes that the Abbott road in the vicinity of Hopkins street is outside and beyond the river bank, and there being no finding that at this point it is within any of the three channels of the river referred to by the trial court, it necessarily follows that…
1Opinion of the CourtCardozo, J.
The plaintiffs are the owners of the Howard farm in the city of Buffalo. They complain that through the action of the city in changing the grade of a street and through the action of the railroad companies in building embankments and bridges, their farm has been flooded. They ask for an injunction and dam ages, and the courts below, two justices dissenting at the Appellate Division, have sustained their right to that relief.
The case has two branches, which are for the most part distinct. The first branch, and that the most important one, brings up the question whether there has been an…
2Cases cited26 opinions
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- New York City v. PineSupreme Court of the United States · 1902
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
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3Cited by16 opinions
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Bennett v. CupinaNew York Court of Appeals · 1930
- County of Clark v. PowersNevada Supreme Court · 1980
- Alaimo v. Town of Fort AnnAppellate Division of the Supreme Court of the State of New York · 2009
- Mendelson v. StateAppellate Division of the Supreme Court of the State of New York · 1926
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