Ordway v. Village of Canisteo
New York Supreme Court
Appeal from judgment' on report of referee. Action by William H. Ordway against the village of Canisteo for damages for causing the overflow of plaintiffs land. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The farm of the plaintiff adjoined the territory of the defendant on the east, and Bennett’s creek formed the boundary of the latter on the southeast and south, and then flowed easterly through the former. It was a nonnavigable stream, subject to high and sudden freshets in times of heavy rains or melting snows, and at such times ■overflowed its banks at the points where they were lowest. In its normal state it flowed in a natural channel, and between fairly well defined banks. In its flow past the village it made a bend nearly at a right angle around the point of a hill on the opposite side,…
2Cases cited11 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- Atwater v. Trustees of Village of CanandaiguaNew York Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Conger v. Pierce CountyWashington Supreme Court · 1921
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Cairo, V. & C. Ry. Co. v. BrevoortU.S. Circuit Court for the District of Indiana · 1894
- Harper v. JohannesenIdaho Supreme Court · 1962
- Allen v. StateNew York Court of Claims · 1955
2 more not listed; retrieve them via the Exa API.