Palmer v. Hickory Grove Cemetery
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Lizzie M. Palmer and others, from a judgment of the Supreme Court in favor of the defendant, Hickory Grove Cemetery, entered in the office of the clerk of the county of Westchester on the 10th day of December, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the plaintiffs’ complaint upon the merits.
1Opinion of the Court
Woodward, J.:
The plaintiffs bring this action to restrain the defendant, Hickory Grove Cemetery, from acquiring certain lands in the town of Mamaroneclc, Westchester county, for cemetery purposes, and from establishing a cemetery thereon. The claim of the plaintiffs is that owing to the character of the soil and the juxtaposition of running streams the seepage of the proposed cemetery would be carried down through the soil and find its way into their wells, thus menacing the life and health of the community, and especially that of these plaintiffs, whose property is near the proposed…
2Cases cited13 opinions
- People v. . HavnorNew York Court of Appeals · 1896
- Karst v. . GaneNew York Court of Appeals · 1893
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Bunce v. ReedNew York Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Albany v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1922
- Webster v. Town of White PlainsAppellate Division of the Supreme Court of the State of New York · 1904
- Hudson-Harlem Valley Title & Mortgage Co. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1937
- McLean v. BoydNew York Supreme Court · 1931
- White Plains Housing Authority v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1951
4 more not listed; retrieve them via the Exa API.