Wickham v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Lehigh Valley Bailroad Company, from a judgment of the County Court of Schuyler county in favor of the plaintiff, entered in the office óf the clerk of the county of Schuyler on the 3d day of February, 1902, upon the verdict of a jury, and also from an order, bearing date the 23d day of January, 1902, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action was originally brought in Justice’s Court, where judgment was rendered against the defendant, whereupon an appeal was taken to the County Court of Schuyler county, and a new trial demanded.
The action was brought by the plaintiff to recover damages for flooding and washing out his vineyard and orchard, caused, as was claimed, by the defendant’s collecting in an artificial channel, from surrounding lands, an unusual quantity of surface water and discharging it upon plaintiff’s premises.
*184The plaintiff’s farm and orchard and the defendant’s railway embankments were upon a…
2Cases cited3 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Alexander v. . CauldwellNew York Court of Appeals · 1881
- Deigleman v. New York, Lackawanna & Western Railway Co.Superior Court of Buffalo · 1890
3Cited by4 opinions
- Chicago, R. I. & P. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1910
- Branson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Easter v. New York & Boston Despatch Express Co.Appellate Terms of the Supreme Court of New York · 1911
- Gordon v. Ellenville & Kingston RailroadAppellate Division of the Supreme Court of the State of New York · 1907