Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Bennett St. Properties LP v. CSX Transp. Inc.

Plaintiff failed to show that his neighboring land owner caused or contributed to the intermittent flooding of his property.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this action for injunctive relief, actual damages, punitive damages, and attorney fees, Bennett Street Properties, L.P. appeals the denial of its motion for new trial, contending that the trial court improperly granted a directed verdict to CSX Transportation, Inc. on all counts at the close of Bennett Street’s case. On appeal, Bennett Street contends that CSX, a neighboring land owner, failed to properly maintain drainage culverts along its railroad tracks which caused flooding on Bennett Street’s property. For the reasons set forth below, we affirm.

On February 17, 1997, Bennett Street filed suit against CSX, Carbuffs, Inc. and JDL Construction, seeking an injunction against these neighboring land owners to prevent the flow of rain water and construction debris onto Bennett Street’s property. In simplified terms, Carbuffs’ property, on which construction was taking place, is located towards the top of a hill, CSX’s property is located in the middle, and Bennett Street’s property is located at the bottom. Bennett Street alleged that water, traveling by the natural force of gravity and carrying Carbuffs’ construction debris, flowed down the hill and into a culvert under CSX’s railroad tracks which artificially increased the water flow onto Bennett Street’s property. Bennett Street further alleged that this downhill flow of water caused flooding and erosion on its premises, producing a continuing nuisance triggered by each heavy rain.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
General Counsel Summit (GCS) 2024
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More
Go to Events Go to Webcasts
TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›
Associate Position - Casualty Litigation Department - 2 - 4 years' Litigation Experience

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›
Personal Injury Attorney

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
Go to Lawjobs
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements