Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 47 by Books Group
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Author: Books Group
Number of Pages: 322 pages
Published Date: 19 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Type: Pdf
ISBN: 9781236234520
File size: 45 Mb
File Name: Reports.of.Cases.Heard.and.Determined.in.the.Appellate.Division.of.the.Supreme.Court.of.the.State.of.New.York.Volume.47.pdf
Download Link: Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 47
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ...corner of the pond. No unusual or unreasonable use of the water by the defendant appears on the evidence. There is evidence tending to show that the flow of the water from the plaintifis' private pond was occasioned by their own act in digging out the East drain, the result of which was not only the lowering of the water in Swan pond but the reduction of the level of the water in the East drain and the consequent emptying of the plaintiffs' pond. This the defendant remedied by again filling up the drain in places and throwing up a sandbar or obstruction at the eastern outlet of the pond, so as to keep up the level of the waters in the pond. The court, on sufficient evidence, has found that the water in the pond was lowered beyond its normal level by the plaintifls' act in deepening the East drain, and that by the same act the injuries to their private ponds were occasioned. Under these circumstances, we are of opinion that the findings of. fact and conclusions of law were justified by the evidence, and that the judgment should be aflirmed. Negligence or nuisance--a complaint justifying a recovery on either theory---a boy playing on elevated railroad steps injured by touching an electric light wire--liability of the electric light company--proof that it subsequently moved the 'wire. In an action to recover damages for personal injuries, evidence was given tending to show that while the plaintiif, a boy about ten years of age, and another boy were playing upon the landing of a stairway leading to an elevated railroad station on a public street, the plaintiff, standing vith his hack to the railing at the side of the stairway, put one foot into the iron lattice work of the railing and, leaning backward, casually extended one arm over the...
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