Allerton v. New York, Lackawanna & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 11, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial court erred in charging that the easement and release contained in the deed from Hewett did not bind plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 11, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial court erred in charging that the easement and release contained in the deed from Hewett did not bind plaintiff. (Bushnell v. Proprietors, 31 Conn. 150; S. L. I. M. & S. R. Co. v. Walbrink, 1 S. W. Rep. 545; Washburn on Easements, 52; Van Rensselaer v. A.…
1Opinion of the CourtWerner, J.
The plaintiff is the owner of about forty acres of land, bounded in part by the Conhocton river, in the town of Bath, Steuben county. He complains that the defendant has wrongfully and unlawfully changed and diverted the channel of that river from its former natural course, so as to precipitate upon plaintiff’s land large quantities of flood water, debris and earth, which have torn up, washed out and flooded his surface soil to his very substantial damage. The defendant has met this complaint (1) with a general denial, (2) with the defense that the plaintiff’s damage was occasioned by…
2Cases cited2 opinions
- Gordon v. . Ellenville Kingston R.R. Co.New York Court of Appeals · 1909
- Rensselaer v. Albany & West Stockbridge RailroadNew York Court of Appeals · 1875
3Cited by2 opinions
- Wells v. FisherAppellate Division of the Supreme Court of the State of New York · 1923
- Atlantic Mills, Inc. v. New York Central RailroadNew York Supreme Court · 1926