Alexander Smith & Sons Carpet Co. v. Ball
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bertram Ball, from a judgment of the Supreme Court in favor of the .plaintiff, entered in the office of the clerk of the county of Westchester on the 4th day of October, 1910, upon the decision of the court, rendered after a trial at the Westchester Special Term, perpetually restraining the defendant from depositing earth or other materials upon a certain strip of land.
1Opinion of the Court
Woodward, J.:
This case was before this court on appeal from an order continuing an injunction pendente lite (137 App. Div. 100), at which time *84it was suggested that the trial might develop other facts than those presented by the affidavits, and it is evident from a reading of the record that this has been, the result. There is practically no dispute as to the facts as the record now stands, if we may except the matter of the grade of the incline reaching down to the plaintiff’s lower door in the “ old stone, mill,” as it is known in the case, and on this point the evidence merely indicates…
2Cases cited4 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Herman v. . RobertsNew York Court of Appeals · 1890
- Cunningham v. . FitzgeraldNew York Court of Appeals · 1893
- Smith v. BallAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
- Wilson v. FordAppellate Division of the Supreme Court of the State of New York · 1911
- Mykoff v. RubenfeldAppellate Division of the Supreme Court of the State of New York · 1989
- Anthony v. BardeschewskiNew York Supreme Court · 1966
- City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
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