Morgan Lake Co. v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of New York

Morgan Lake Co. v. New York, New Haven & Hartford Railroad

243 A.D. 541

Procedural entryThis page is a short order in Morgan Lake Co. v. New York, New Haven & Hartford Railroad. Read the opinion of the Court — 237 A.D. 841 →

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published

Opinion

Action to recover damages to ice under a covenant in certain deeds whereby the defendant and its predecessors agreed to pay any damage suffered by plaintiff from the throwing of sparks, cinders, coal dust and ashes from the locomotives of passing trains. Judgment modified [542]*542by deducting therefrom the amount of $731.60, admitted errors in calculations, with proper allowance for interest thereon; and as so modified unanimously affirmed, with costs to respondent. Findings modified in accordance with decision. No opinion. Present — Lazansky, P. J., Kapper, Hagarty, Scudder and Davis, JJ. Settle order on notice. [See 262 N. Y. 234.]

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Action to recover damages to ice under a covenant in certain deeds whereby the defendant and its predecessors agreed to pay any damage suffered by plaintiff from the throwing of sparks, cinders, coal dust and ashes from the locomotives of passing trains. Judgment modified [542]*542by deducting therefrom the amount of $731.60, admitted errors in calculations, with proper allowance for interest thereon; and as so modified unanimously affirmed, with costs to respondent. Findings modified in accordance with decision. No opinion. Present — Lazansky, P. J., Kapper, Hagarty, Scudder and Davis, JJ. Settle order on notice. [See 262 N. Y. 234.]

Morgan Lake Co. v. New York, New Haven & Hartford Railroad, 243 A.D. 541 (N.Y. Ct. App. 1934).

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