Wiseman v. . Lucksinger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1879, affirming a judgment in favor of plaintiff, entered ■ upon a.decision of the court on trial at a Special Term. This action was brought to restrain defendant from interfering with plaintiff’s alleged right of drainage across defendant’s premises, and for damages, etc. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1879, affirming a judgment in favor of plaintiff, entered ■ upon a.decision of the court on trial at a Special Term. This action was brought to restrain defendant from interfering with plaintiff’s alleged right of drainage across defendant’s premises, and for damages, etc. The facts appear sufficiently in the opinion. An easement of the character of the one in suit -can only he created by deed or grant, or by prescription, from which a grant may he inferred.…
1Opinion of the CourtDanforth, J.
Although the action is in equity, the plaintiffs sought compensation in damages as well as equitable relief. The former was denied to them, but the latter has been granted to the full extent asked for. I can discover no ground upon which it can be approved.
The parties are owners of adjoining city lots in the city of Syracuse. The defendant built an underground drain or sewer of plank from the basement of his house, through his own lot and that of one Stern, to Jefferson street' sewer, and afterward “ and more than twenty-five years last past, the plaintiff,” as the trial court finds, “…
Also in this document: Concurrence.
2Cases cited9 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Brown v. . BowenNew York Court of Appeals · 1864
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- St. Vincent Female Orphan Asylum v. City of TroyNew York Court of Appeals · 1879
- Johnson v. . ElwoodNew York Court of Appeals · 1880
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3Cited by83 opinions
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- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
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- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
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