Otis v. Hall
New York Supreme Court
THIS was a special action on the case, fop overflowing the plaintiff’s land, by means of a mill-dam erected by the defendant on his own land. The defendant pleaded not guilty, and gaye notice that he should offer evidence that the dam was erected by permission of the plaintiff.
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THIS was a special action on the case, fop overflowing the plaintiff’s land, by means of a mill-dam erected by the defendant on his own land. The defendant pleaded not guilty, and gaye notice that he should offer evidence that the dam was erected by permission of the plaintiff. At the trial of this cause, at the last circuit in Lewis county, the plaintiff proved that he had the permission of the plaintiff to erect the dam, and overflow his land, if necessary, for the use of the mill. The plaintiff proved a subsequent revocation of the license, and the jury found a verdict for the plaintiff…
1Opinion of the Court
Per Curiam.. The only question is, whether the plaintiff is entitled to full costs, within the proviso of the 4th *451section of the act concerning costs, which declares. that the limitation in that section shall not extend “ to any action where the freehold or title to lands or tenements shall in any wise come in question.2? We are of, opinion, that the freehold or title to the plaintiff’s land did not come in question," within the purview of the statute. This case bears no analogy to that of Heaton v. Ferris, (1 Johns. 146.) Here was no claim of a right of entry into the plaintiff’s land, nor…
2Cases cited1 opinion
- Heaton v. FerrisNew York Supreme Court · 1806
3Cited by2 opinions
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Rathbone v. McConnellNew York Supreme Court · 1855