Hanse v. Cowing
New York Supreme Court
- This action was commenced before a justice of the peace; on appeal, a retrial was had in the County Court of Yates county, without a jury, where a judgment was rendered for the defendant/ from which ihe plaintiff appealed to this court.
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- This action was commenced before a justice of the peace; on appeal, a retrial was had in the County Court of Yates county, without a jury, where a judgment was rendered for the defendant/ from which ihe plaintiff appealed to this court. The plaintiff complained that the defendant, on the 1st day of June, 1862, had wrongfully built a dam or embankment, whereby the water flowing from the plaintiff’s land along the highway had been prevented from running in its natural course, and had been caused to flow on the plaintiff’s land, where it remained, to the injury of such land and the crops…
1Opinion of the Court
Present — E. D. Smith, Dwight and Johnson, JJ.
By the Court
E. Darwin Smith, J.
The chief question presented in this case is whether the plaintiff, having recovered *291in a former action for the erection of the dam or embankment in question, can maintain a second action against the defendant for a continuance of the nuisance.
The county judge correctly held that the record of the former judgment concluded the defendant, as to who erected the dam, and as to whether its erection was lawful or otherwise, and that for the purpose of the trial the said record was conclusive evidence that the defendant…
2Cases cited4 opinions
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- Waggoner v. JermaineNew York Supreme Court · 1846
- Blunt v. AikinNew York Supreme Court · 1836
- Blunt v. McCormickNew York Supreme Court · 1846
3Cited by5 opinions
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- East Jersey Water Co. v. BigelowSupreme Court of New Jersey · 1897
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- Robinson v. SmithNew York Supreme Court · 1889
- Wright v. Syracuse, B. & N. Y. R. Co.New York Supreme Court · 1888