Thomas v. Kenyon
New York Court of Common Pleas
Appüal by the defendant from a judgment entered at trial term on the verdict of a jury. The action was brought by the plaintiff against the defendant, who were owners of adjoining lots, to recover damages caused by the negligence of the defendant in permitting water to run from his premises upon those of the plaintiff. A part of the defendant’s premises were sunken and inclined towards the plaintiff’s.
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Appüal by the defendant from a judgment entered at trial term on the verdict of a jury. The action was brought by the plaintiff against the defendant, who were owners of adjoining lots, to recover damages caused by the negligence of the defendant in permitting water to run from his premises upon those of the plaintiff. A part of the defendant’s premises were sunken and inclined towards the plaintiff’s. The complaint alleges that “ the defendant has wantonly, wilfully, recklessly, negligently, wrongfully and maliciously permitted, and suffered divers large quantities of water to form, and…
1Opinion of the Court
Daly, F. J.
The water deposited on the defendant’s lot, and which sank in close to the foundation of the west gable wall of the plaintiff’s house, as well as the water which flowed over the defendant’s lot towards the lot of the plaintiff, and into and upon the plaintiff’s premises, injuring his building, and rendering the basement of his house untenantable, was chiefly owing to the natural formation of the ground, and the cutting off of existing water-courses, and in part to the erection of sheds upon the lots both of the plaintiff, and of the defendant.
The plaintiff’s lot, before any…
2Cited by6 opinions
- Mallard v. Ninth Ave. R. Co.New York Court of Common Pleas · 1889
- Bisogno v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Scott v. Third Avenue RailroadNew York Supreme Court · 1891
- Daly v. MouroeCity of New York Municipal Court · 1885
- Mairs v. Manhattan Real Estate Ass'nThe Superior Court of New York City · 1880
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