Legal Opinion

De Camp v. Burns

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1898Published

Appeal from trial term. Action by William S. De Camp, individually and as trustee under the wifi of Julia L. De Camp, deceased, against Edward M. Burns and another. From judgment for plaintiff entered on a decision of the trial court without a jury, defendants appeal.

1Opinion of the Court

G-REE3ST, J.

In November, 1894, an action was commenced against Dix and Thomson, and a perpetual injunction was prayed for, that the defendants be restrained from floating or driving logs in the North branch of the Moose river (Adirondack regions), which flows over the plaintiff’s lands, upon the ground that it was a private stream, and the exclusive property of the plaintiff, in which the defendants had no right of easement. A temporary injunction order was granted on the 13th of March, 1895, which was vacated upon condition that an undertaking be given to indemnify the plaintiff against any…

2Cases cited5 opinions

  1. Wood v. State ex rel. W. C. White & Co.Court of Appeals of Maryland · 1886
  2. De Camp v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1897
  3. Richardson v. AllenSupreme Court of Georgia · 1885
  4. DeCamp v. BullardNew York Supreme Court · 1898
  5. De Camp v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1897

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