Higgins v. New York, Lake Erie & Western Railroad
New York Supreme Court
’ ' Appeal from circuit court, Steuben county. Action by Catherine Higgins against the New York, Lake Erie' & Western Railroad Company for damages to real estate. From a judgment entered on a verdict in favor of plaintiff, and from an , order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover damages which the plaintiff is alleged to have sustained to her house and premises by the action of water during the floods of June 1 and August. 1, 1889, through the negligence of the defendant. The defendant’s railroad crosses Munkey run, a creek in the city of Corning, by means of an iron bridge, resting upon stone abutments. The size of the throat of the bridge is 19|- feet wide, and from 2 feet 3 inches to 3.27 feet deep. The area furnished for the flow of water, according to the testimony of one of the engineers, was (>5.08 square feet. The plaintiff’s…
2Cases cited5 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Ward v. . Atlantic and Pacific Telegraph Co.New York Court of Appeals · 1877
- Bogart v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1893
3Cited by10 opinions
- Mustang Reservoir, Canal & Land Co. v. HissmanSupreme Court of Colorado · 1910
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Mendelson v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Greeley v. StateAppellate Division of the Supreme Court of the State of New York · 1904
- Reese v. StateNew York Court of Claims · 1947
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