Legal Opinion

Mundy v. New York, Lake Erie & Western Railroad

New York Supreme Court

Decided February 15, 1894PublishedCited by 12 opinions

Appeal from circuit court, Chemung county. Action by Nicholas S. Mundy against the New York, Lake Erie & Western Railroad Company. From a judgment entered on a verdict in favor of plaintiff for $1,400, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals. Affirmed.

1Opinion of the Court

MERWEN", J.

This action is brought to recover damages sustained by the plaintiff by reason of a flood occurring on the 1st day of June, 1889. At that date, and for many years prior thereto, the plaintiff owned a farm situated on the northerly side of Chemung river, in the town of Big Flats, in the county of Chemung. This farm extended from the river northerly across the valley a distance of about a mile. Through the farm, and along the valley, and some distance from the river, the railroad of the defendant passed in a direction easterly and westerly. . The track was laid upon an embankment…

2Cases cited20 opinions

  1. Mayor of New-York v. BaileyNew York Supreme Court · 1845
  2. Campbell v. . SeamanNew York Court of Appeals · 1876
  3. Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
  4. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  5. Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833

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3Cited by12 opinions

  1. Howard v. . City of BuffaloNew York Court of Appeals · 1914
  2. Mendelson v. StateAppellate Division of the Supreme Court of the State of New York · 1926
  3. Erwin v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  4. Eikland v. CaseyCourt of Appeals for the Ninth Circuit · 1920
  5. Orvis v. Elmira, Cortland & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1897

7 more not listed; retrieve them via the Exa API.

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