Legal Opinion

Seward v. City of Rochester

New York Supreme Court

Decided January 15, 1886Published

Appeal from a judgment in favor of tbe plaintiff, entered on a verdict rendered at tbe Livingston Circuit, and from an order denying a motion for a new trial made on the minutes of tbe court.

1Opinion of the Court

Smith, P. J. :

In November, 1874, tbe parties to this action entered into an-agreement in writing, whereby tbe plaintiff granted to tbe defendant a right of way across bis farm, for the purpose of laying water pipes for the use of the water-works of' the defendant, at a price agreed upon as compensation for such right of way. By the agreement the defendant obligated itself also to pay to the plaintiff “ a fair and just compensation for any damage that may accrue to the said party of the first part, his heirs or assigns, by the breaking, bursting or leakage of said water pipes or any of them or…

2Cases cited3 opinions

  1. President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
  2. Haggart v. . MorganNew York Court of Appeals · 1851
  3. Adams v. WilloughbyNew York Supreme Court · 1810

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