Kemp v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Kemp v. New York Central Railroad

254 A.D. 925, 6 N.Y.S.2d 650, 1938 N.Y. App. Div. LEXIS 8311

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1938

StatusPublished

This text of 254 A.D. 925 (Kemp v. New York Central Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kemp v. New York Central Railroad, 254 A.D. 925, 6 N.Y.S.2d 650, 1938 N.Y. App. Div. LEXIS 8311 (N.Y. Ct. App. 1938).

Pincite

Opinion

Judgment affirmed, with costs. All concur, except Cunningham, J., who dissents and votes for reversal on the law and for granting a new trial, in the following memorandum: The defendant having elected to construct a culvert to carry away the surface water which accumulated upon its lands was charged with the duty of keeping such culvert in repair and free from obstructions. (Mitchell v. N. Y., L. E. & W. R. R. Co., 36 Hun, 177; Branson v. N. Y. C. & H. R. R. R. Co., Ill App. Div. 737.) (The judgment is for defendant in an action for property damage caused by flooding of farm land.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment affirmed, with costs. All concur, except Cunningham, J., who dissents and votes for reversal on the law and for granting a new trial, in the following memorandum: The defendant having elected to construct a culvert to carry away the surface water which accumulated upon its lands was charged with the duty of keeping such culvert in repair and free from obstructions. (Mitchell v. N. Y., L. E. & W. R. R. Co., 36 Hun, 177; Branson v. N. Y. C. & H. R. R. R. Co., Ill App. Div. 737.) (The judgment is for defendant in an action for property damage caused by flooding of farm land.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 925, 6 N.Y.S.2d 650, 1938 N.Y. App. Div. LEXIS 8311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kemp-v-new-york-central-railroad-nyappdiv-1938.