Waffle v. Porter
New York Supreme Court
fjpiilS action was brought recover damages caused by the JL defendant’s digging a pit or well, or fountain, on his laud, adjoining the plaintiff’s farm, in Gates, Monroe county, by which, the plaintiff" alleged, large quantities of water overflowed the pit, or well, or fountain upon the defendant’s land, and thence overspread the plaintiff’s farm, injuring and destroying his land for farm purposes, and destroying crops.
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fjpiilS action was brought recover damages caused by the JL defendant’s digging a pit or well, or fountain, on his laud, adjoining the plaintiff’s farm, in Gates, Monroe county, by which, the plaintiff" alleged, large quantities of water overflowed the pit, or well, or fountain upon the defendant’s land, and thence overspread the plaintiff’s farm, injuring and destroying his land for farm purposes, and destroying crops. On the trial, at the circuit, the plaintiff' was nonsuited, and judgment entered as security. A motion to set aside the nonsuit, and for a new trial, on a case and exceptions,…
1Opinion of the Court
By the Court, Johnson, J.
The plaintiff’s counsel did not ask the court to submit the case to the jury, at the close of the testimony. He contented himself with excepting to the decision granting a nonsuit. The nonsuit was granted, as appears by the case, on the ground that upon the whole case the defendant had done nothing that he had not the legal right to do upon his own premises, ás owner thereof. I have been unable to find any adjudged case like this in its facts, or bearing any near analogy to it. Had it been the case described in the complaint, of digging a pit, well, or fountain, by…
2Cases cited1 opinion
- Waffle v. New York Central RailroadNew York Supreme Court · 1870
3Cited by1 opinion
- Hutchins v. LaveryNew York Supreme Court · 1912