New York Central Railroad v. Marinucci Bros. & Co.

This is an action of tort to recover damages arising from the drainage of subsurface water and silt from the plaintiff’s right of way by the excavating by the defendant of a trench on adjoining land for the purpose of laying a sewer. The judge found for the plaintiff and the case is here on appeal from an order of the Appellate Division dismissing the report.

The trial judge refused to give certain requests for rulings. While the declaration consisted of two counts, after the third had been waived, the first for negligence, the second for nuisance, his treatment of the requests shows that his…