Wightman v. Cottrell
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Delano D. Cottrell and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance after the verdict of a jury in favor of the plaintiffs, rendered by direction of the court upon a trial at the Steuben Trial Term in January, 1911.
1Opinion of the Court
Robson, J. :
This action is in ejectment. Plaintiffs’ purpose is to compel defendants to remove a one-and-one-quarter inch water main placed by defendants in the highway in front of plaintiffs’ premises. Plaintiffs’ title to the fee of the portion of the street *77in which this part of the pipe line is laid seems to be unquestioned. Defendants assert their right to maintain the pipe as laid for the following reasons:
First. That it was placed in- the street with plaintiffs’ consent and for an adequate consideration, and defendants thereby acquired -the right as to plaintiffs to maintain it in the…
2Cases cited3 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Cary v. DeweyAppellate Division of the Supreme Court of the State of New York · 1908