Waggoner v. Jermaine
New York Supreme Court
Case, for overflowing the plaintiff’s lands, commenced August 10th, 1838, and tried at the Steuben circuit in October, 1845, before Dayton, C. Judge.
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Case, for overflowing the plaintiff’s lands, commenced August 10th, 1838, and tried at the Steuben circuit in October, 1845, before Dayton, C. Judge. The plaintiff was the owner of land situated on the margin of the inlet of the Crooked Lake and along the adjacent shores of the lake, a portion of which he purchased, and took possession of in the year 1830. The residue, being a large farm, was purchased by him in December of the same year, and he was to have full possession of it in May, 1835; but in the mean time he had a right to enter for the purpose of constructing a ditch. At the date…
1Opinion of the Court
By the Court, Jewett, J.
It is contended by the counsel for the defendant that the judge erred in instructing the jury that the defendant was liable for damages to the time of the commencement of the suit, notwithstanding he conveyed his interest in the mill premises to another in August, 1836; and the ground taken is supposed to be sustained by the case of Blunt v. Aikin, (15 Wend. 522.) I think, however, that on a little examination of that case and of the principles upon which it was decided, a material distinction between it and the present may be seen. There the action was case for…
2Cases cited2 opinions
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
- Blunt v. AikinNew York Supreme Court · 1836
3Cited by42 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
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