Garwood v. New York Central & Hudson River Railroad

New York Court of Appeals

Garwood v. New York Central & Hudson River Railroad

2 Silv. Ct. App. 409, 26 N.Y. St. Rep. 620

DecidedOctober 8, 1889

StatusPublished

This text of 2 Silv. Ct. App. 409 (Garwood v. New York Central & Hudson River Railroad) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garwood v. New York Central & Hudson River Railroad, 2 Silv. Ct. App. 409, 26 N.Y. St. Rep. 620 (N.Y. 1889).

Pincite

Opinion

Per Curiam.

The defendant began taking water from "the creek about November, 1869. The plaintiff was not permitted to prove that after this date there was less water in the stream during the summer months than before. This was a relevant fact. Its probative force'would depend upon a variety of other facts, like the rainfall of the particular season, to be developed upon cross-examination, or by the examination of other witnesses. For this error of the referee, the order of the general term must be sustained, and a judgment absolute ordered in favor of the plaintiff, witli costs.

All concur, except Bradley and Haight, JJ., not sitting.

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Per Curiam.

The defendant began taking water from "the creek about November, 1869. The plaintiff was not permitted to prove that after this date there was less water in the stream during the summer months than before. This was a relevant fact. Its probative force'would depend upon a variety of other facts, like the rainfall of the particular season, to be developed upon cross-examination, or by the examination of other witnesses. For this error of the referee, the order of the general term must be sustained, and a judgment absolute ordered in favor of the plaintiff, witli costs.

All concur, except Bradley and Haight, JJ., not sitting.

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Bluebook (online)

2 Silv. Ct. App. 409, 26 N.Y. St. Rep. 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garwood-v-new-york-central-hudson-river-railroad-ny-1889.