Sherwood v. Saratoga & Washington Railroad
New York Supreme Court
This was an appeal by the defendant from a judgment of the Washington county court. The cause was originally commenced before a justice of the peace, to recover damages for an injury to the plaintiff’s land in overflowing the same by the construction of the railway, embankments, &c. adjoining the same. The justice gave a judgment for the plaintiff, for $61,75 damages, besides costs ; and on appeal, the county court affirmed the •judgment.
1Opinion of the Court
By the Court, Willard, P. J.
This suit was commenced on the 29th of July, 1850, by summons returnable on the 1st of August, which was returned served, by Bushrod W. Sherwood, a constable of the town of Fort Edward, on the 29th of July, 1850. On the return day the parties appeared, according to the justice’s return, by the same attorney and joined issue, and the suit was adjourned till the 10th of August, at 10 A. M.
The amended judiciary act of December, 1847, (Laws of 1847, • p. 646, § 45,) repeals so much of the act of 1830, as to the jurisdiction of justices of the peace, as prohibited them…
2Cases cited1 opinion
- Shufelt v. CramerNew York Supreme Court · 1822
3Cited by18 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. GonzalesSupreme Court of the United States · 1894
- People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
- In re BooneU.S. Circuit Court for the District of Northern California · 1897
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
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