The Western Law Journal (Volume 6 ) (Paperback)

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. 1849. Excerpt: ... Pearl and Elm sts. It appeared that previous to Centre street, which is the adjoining street, being raised, the cellars were dry, but since then wet; and on scveral occasions, when a quick or severe rain has come, the water has flowed over the sidewalk to the basement of the building nearest Centre street, and filled it to a depth of four feet, whence the water spread into the other cellars, and had to be pumped out. Mr. J. had to raise the floors of all his basements, and make some reduction in the rents. He claims that the injury arose from the neglect of the Corporation, in not making the sewer, which was laid at the time Centre street was raised, sufficiently capacious to carry off the surface water which came to that point, or that carelessness had been exercised in permitting the culverts to be stopped up. For defence, it was contended that the Corporation was nut liable. Allusion was also made to the introduction of the Croton water, since the raising of Centre street, affecting the cellars, &c. It was stated by a surveyor, who examined the different cellars in the vicinity, that there was water in several of them, but it was not surface water, and remained in the cellars--in some of them it being lower than the sewer. Mr. J. claimed $740 paid for carpenters' work, &c., in raising floors, pumping out water, and reduction of rent, and $3500 diminution in the value of the buildings, (which cost $35,000, being 10 per cent.; owing to the lower part of tho cellar walls having to be altered, and the interior walls of the houses cracking, &c. The Court, in its charge, stated that the Corporation is not liable for injury to property arising from raising and grading, or regulating streets; that if the water, as it necessarily does, rises in proportion to th...