De Camp v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by William S. De Camp, individually and as trustee under the will of Julia L. De Camp, deceased, against Lemon Thompson, John A. Bix, and Edward Thompson, Jr., composing the firm of the Moose River Lumber Company. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed.
1Opinion of the CourtAdams, J.
Three defenses were interposed to this action by the defendants, and the questions which they severally present are relied upon for a reversal of the judgment appealed from. Stated in the order in which we propose to consider them, these defenses are as follows, viz.: (1) That the defendants are entitled to float logs in the North Branch, as a right of way by necessity; (2) that the North Branch of the Moose river and Big SafEord creek are public highways, at common law, for the floating of logs and timber; (3) that the North Branch of Moose river has been declared a public highway by the…
2Cases cited18 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Embury v. . ConnerNew York Court of Appeals · 1850
- Morgan v. . KingNew York Court of Appeals · 1866
- Moore v. SanborneMichigan Supreme Court · 1853
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
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3Cited by3 opinions
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
- La Veine v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1909
- De Camp v. BurnsAppellate Division of the Supreme Court of the State of New York · 1898