Conhocton Stone Road v. Buffalo, New York & Erie Railroad
Commission of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, entered upon an order denying a motion for a new trial, and directing judgment in favor of plaintiff upon a verdict.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, entered upon an order denying a motion for a new trial, and directing judgment in favor of plaintiff upon a verdict. (Reported below, 52 Barb., 390.) This action was brought to recover damages for injuries to the plaintiff’s road bed, caused by the same being washed and flooded in the years 1864 and 1865. The complaint alleges that an embankment and bridge, built and constructed for the defendant’s railroad, at and over Head’s creek, in the town of Irwin, Steuben county, dammed the stream so as to…
1Opinion of the Court
Lott, Ch. C.
The exception taken to the denial of the motion for a nonsuit presents the question whether a grantee of real estate, on which a nuisance had been erected, before its conveyance to him, by a previous owner, and which was *576merely continued as it was at the time he acquired title, can, without any previous notice of its existence, and a request to abate it, be held liable for damages subsequently resulting therefrom, during the continuance of his ownership.
The subject has been fully considered by courts in England and in several of our sister States; and the rule deducible from their…
2Cases cited3 opinions
- Waggoner v. JermaineNew York Supreme Court · 1846
- Johnson v. LewisSupreme Court of Connecticut · 1839
- Hubbard v. RussellNew York Supreme Court · 1857
3Cited by16 opinions
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Finney v. BerrySupreme Court of Missouri · 1875
- Central, Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Indiana · 1893
- Philadelphia & R. R. v. SmithCourt of Appeals for the Third Circuit · 1894
11 more not listed; retrieve them via the Exa API.