Branson v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by' the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 26th day of January, 1905, upon the verdict of a jury, and also from an order entered nT said clerk’s office on the 4th day of February, 1905, denying the' defendant’s motion for a new trial made upon the minutes.
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Appeal by' the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 26th day of January, 1905, upon the verdict of a jury, and also from an order entered nT said clerk’s office on the 4th day of February, 1905, denying the' defendant’s motion for a new trial made upon the minutes. The1 action was brought to recover damages sustained by plaintiff for injuries to his crops and lands by water setting back upon them through the failure of the defendant…
1Opinion of the Court
Kruse, J. :
The plaintiff owns four acres of land which lie between the defendant’s railroad, known as the Chenango Valley railroad, and the Erie canal, about three miles east of Syracuse, the canal being *738on the south and the railroad on the north side.. The canal and railroad run east and west, substantially parallel with each other: The natural slope of the land is east and north toward the railroad. For many years a ditch has existed on the defendant’s right of way on the -soiith side thereof, into which the waters from the railroad 'lands, as well as from other lands lying south of the…
2Cases cited2 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Wickham v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Laduca v. DravesAppellate Division of the Supreme Court of the State of New York · 1911
- Sabetto v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Guest v. Consolidated Rail Corp.New York Supreme Court · 1981
- Snook v. New York Central & Hudson River RailroadNew York Supreme Court · 1915