Snell v. . Levitt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judical department, entered upon an order made January 26,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Eeported below, 39 Hun, 227.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judical department, entered upon an order made January 26,1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Eeported below, 39 Hun, 227.) The nature of the action and the material facts are stated in the opinion. There was an actual abandonment by Mrs. Higgins, of the easement, accompanied by an intention on her part that it should be permanent, and a substitution of another easement in its place; which was followed by acts involving expenditure on the part of Snell on the faith thereof,…
1Opinion of the CourtEarl, J.
This action was commenced to recover damages for the wrongful interference by the defendant with plaintiff’s easement and right to draw water from a certain spring on defendant’s land, known as the Kingsbury spring. The material facts, as they appeared upon the trial, are as follows: Prior to the 12th day of August, 1862, one Edwin Snell was the owner of the land upon which the Kingsbury spring is located, and on that day he with his wife conveyed by warranty deed to one Francis A. E. Higgins a portion of .such land, which deed contained the following clause; “ The said parties of the first…
2Cases cited2 opinions
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