Lynch v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the facts are set forth sufficiently in the opinion. If defendant diverted the surface water so that an unusual quantity was thrown on plaintiff’s laud and injury occurred therefrom, defendant is liable.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the facts are set forth sufficiently in the opinion. If defendant diverted the surface water so that an unusual quantity was thrown on plaintiff’s laud and injury occurred therefrom, defendant is liable. (Byrnes v. City of Cohoes, 67 N. Y., 206; Bastable v. City of Syracuse, 8 Hun, 587; Inman v. Tripp, 17 Alb. L. J., 12; Nevins v. Peoria, 41 Ill., 502; City of…
1Opinion of the CourtEarl, J.
The complaint does not state a cause of action. It alleges that plaintiff owned a lot, in Hew York city, on One Hundred and Thirtieth street, about 700 feet westerly from Eleventh avenue ; that the defendants caused the grade of the avenue to be raised twenty feet above the surface of the adjoining lands ; that they failed and neglected to provide any means of carrying off the rain water which fell upon the avenue, or to prevent such water from draining upon the adjoining lands ; that, in the construction of works of a similar character, it is proper and usual to build embank inents to…
2Cases cited6 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Lloyd v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
38 more not listed; retrieve them via the Exa API.