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Kemp v. New York Central Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 28, 1938
254 App. Div. 925 (N.Y. App. Div. 1938)

Opinion

June 28, 1938.

Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.


Judgment affirmed, with costs.


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., 111 App. Div. 737.) (The judgment is for defendant in an action for property damage caused by flooding of farm land.)


Summaries of

Kemp v. New York Central Railroad Company

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 28, 1938
254 App. Div. 925 (N.Y. App. Div. 1938)
Case details for

Kemp v. New York Central Railroad Company

Case Details

Full title:CHARLES KEMP and MINNIE E. KEMP, His Wife, Appellants, v. NEW YORK CENTRAL…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 28, 1938

Citations

254 App. Div. 925 (N.Y. App. Div. 1938)