Van Rensselaer v. Mould
New York Supreme Court
Appeal from judgment on report of referee. Action by Katherine Van Rensselaer and Cornelia Bolton, as executrices of the will of Catherine W. Van Rensselaer, deceased, against Horatio D. Mould, for wrongfully entering on certain lands under water, situate on the east bank of the Hudson river, in the town of East G-reenbush, in cutting and removing ice therefrom. There was a judgment in favor of plaintiffs, and defendant appeals. Affirmed.
1Opinion of the CourtHerrick, J.
There seems to be no question in this case but that the defendant, for a series of years, trespassed upon the property of the plaintiffs’ testatrix, and took and carried away ice therefrom, without permission, and against her repeated warnings and protests. It is not seriously contested but what the plaintiffs are entitled to recover damages for such trespass. The only serious question in the case is as to the measure of damage adopted by the referee. I do not see that appellant can justly complain of the ruling of the referee, for in response to his request the referee found “that under the…
2Cases cited1 opinion
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
3Cited by3 opinions
- Briggs v. Knickerbocker Ice Co.New York Supreme Court · 1895
- Thorn v. Whitbeck, New York County Courts1895
- Thorn v. WhitbeckNew York County Court, Greene County · 1895