Kipp v. New York Central & Hudson Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The 'New York Central and Hudson River Railroad Company, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of - November, 1902, upon the verdict of a jury for $770, and also from, an order entered in said clerk’s office on the 6th day of December, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The defendant appeals from judgment upon a verdict awarding damages for injuries to plaintiff’s buildings and machinery caused by an overflow of water, due to the faulty construction of a railroad bridge. The learned judge charged the jury : “ Now, of course, if the defendant did negligently in any manner construct that bridge and is guilty of negligence and that that negligence caused this overflow of this property, the defendant would be liable on the ground of negligence; but if you find that if the defendant was not guilty of any negligence at all, but very carefully interfered…
2Cases cited5 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Page v. President, Managers & Co. of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Wittman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903