Legal Opinion
Morgan Lake Co. v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Decided July 11, 1933PublishedCited by 3 opinions
1Opinion of the CourtCrane, J.
This action is brought by the Morgan Lake Company to recover damages caused by the operation of trains over Morgan lake, situated in Dutchess county. The smoke and cinders from the locomotives, it is claimed, damaged the crop of ice, from the year 1908 to 1928. The referee, to whom the action was referred, allowed damages for the years 1913 to 1916 and from 1920 to 1928, in the sum of $63,377.90, and interest from *236the commencement of the action, $16,266.99, amount in all, $79,644.89.
The basis of the cause of action is a covenant in the two deeds from the owner of the lake conveying to the…
2Cases cited10 opinions
- Jones v. . MorganNew York Court of Appeals · 1882
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
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3Cited by3 opinions
- Eagle Enterprises, Inc. v. GrossNew York Court of Appeals · 1976
- Arroyo v. RosenbluthCivil Court of the City of New York · 1982
- Bill Wolf Petroleum Corp. v. Chock Full of Power Gasoline Corp.New York Supreme Court · 1972