Borst v. . Empie
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the third district, where a judgment entered upon a verdict in favor of the plaintiff, for nominal damages, had been affirmed. This was an action on the case, for using the waters of a certain well upon the lands of the defendant, and obstructing its flow upon those of the plaintiff.
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* Appeal from the general term of the Supreme Court, in the third district, where a judgment entered upon a verdict in favor of the plaintiff, for nominal damages, had been affirmed. This was an action on the case, for using the waters of a certain well upon the lands of the defendant, and obstructing its flow upon those of the plaintiff. The latter claimed to be entitled, by grant, to the exclusive right to the use of the waters of said well, and to conduct the same, by conduit-pipes laid in the ground, through the defendant’s lands to those of the plaintiff, for all purposes to which he saw…
1Opinion of the CourtMcCouN, J.
The first question presented by the bill of exceptions taken on the trial, relates to the admissibility of oral proof of the handwriting of a subscribing witness to a deed which the plaintiff offered in evidence. It appeared, that the subscribing witness (Hezekiah Sharp) was dead; his signature was proved; the person proving it testifying also that Sharp was *reputed to have been a commissioner of deeds of Albany county, and to have resided in Guil-derland. The deed was of land lying in Schoharie county, where the trial took place. By an indorsement on the deed, it purported to have been…
2Cases cited7 opinions
- Bridger v. . PiersonNew York Court of Appeals · 1871
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Duryea v. . MayorNew York Court of Appeals · 1875
- Burr v. MillsNew York Supreme Court · 1839
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
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3Cited by20 opinions
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Lathrop v. ElsnerMichigan Supreme Court · 1892
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
15 more not listed; retrieve them via the Exa API.