Hazleton v. Webster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin F. Hazleton, from. a. judgment of the Supreme Court in favor of the defendants, entered in -the office, of the clerk'of the county of Cattaraugus on the 10th day of July,, 1896,. upon the decision of the court, rendered aftpr a trial at. the Cattaraugus Special.Term, dismissing li-is complaint upon the merits.
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Appeal by the plaintiff, Benjamin F. Hazleton, from. a. judgment of the Supreme Court in favor of the defendants, entered in -the office, of the clerk'of the county of Cattaraugus on the 10th day of July,, 1896,. upon the decision of the court, rendered aftpr a trial at. the Cattaraugus Special.Term, dismissing li-is complaint upon the merits. The controversy involved in this action arises out of conflicting claims to the ice forming upon.a small body of water in Cattaraugus county commonly known as “ Lime lake.” This lake covers an area of about 135 acres. It is fed by subterranean springs;…
1Opinion of the Court
Adams, J.:
The facts of this case, which have been necessarily stated,with considerable detail, are, in- the main, such as were found by the •learned trial court. None, of them has been excepted to by the plaintiff, and they must conséquently, for the purposes of this appeal, be regarded as established. Some additional circumstances were made to appear upon the trial which were probably sufficient to justify the plaintiff in invoking the aid of a court of equity, provided he can maintain his contention that the defendants, in'cutting and removing the ice from Lime lake, were invading his;…
2Cases cited10 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Seaman v. SeamanNew York Supreme Court · 1834
- Feeter v. . WeberNew York Court of Appeals · 1879
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- Dodge v. . ZimmerNew York Court of Appeals · 1888
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- Gein v. LittleNew York Supreme Court · 1904
- Henderson Estate Co. v. Carroll Electric Co.Appellate Division of the Supreme Court of the State of New York · 1906
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