McCarthy v. Village of Far Rockaway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Far Rockaway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Queens on the 19tli day. of October, 1895, upon the verdict of a jury rendered after a tidal at the Queens County Circuit, and also from an order entered in said clerk’s office on the 11th day of ¡November, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Brown, P. J.:
The respondent is the owner of a lot of ’ land situate on the west side of Coster street in the village of Far Rockaway in Queens county, upon which there stands a dwelling house and a barn. About 200 feet westerly from the rear line of the respondent’s lot is a street called Broadway. In .the year 1891 the trustees of the village constructed a culvert or covered drain across Broadway, nt a point nearly west from the respondent’s land. The water which Hows through this drain is discharged upon the surface of the ground in what is called Foss lane, and from there it flows upon the…
2Cases cited2 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Vose v. . CockcroftNew York Court of Appeals · 1871
3Cited by8 opinions
- Rix v. Town of AlamogordoNew Mexico Supreme Court · 1938
- Third Buckingham Community, Inc. v. AndersonSupreme Court of Virginia · 1941
- Carll v. Village of NorthportAppellate Division of the Supreme Court of the State of New York · 1896
- Hentz v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1903
- Hentz v. City of Mt. VernonAppellate Division of the Supreme Court of the State of New York · 1903
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