Hall v. Sterling Iron & Railway Co.
New York Supreme Court
Appeal from special term, Orange county. Action by Frank A, Hall against the Sterling Iron & Bailway Company to restrain defendant from obstructing the outlet of a certain pond. There was judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtDykman, J.
This is an action in equity brought to restrain the defendant from placing any obstruction in or near the outlet of a certain pond, called “Mount Bashan Pond,” in Orange county, or the stream of water leading therefrom, and from doing any act -whatever which shall diminish or interfere with the free flow of the water from the pond through its outlet, and from interfering with or molesting the plaintiff in removing the obstructions in the flume at the outlet of the pond. The foundation of the plaintiff’s claim is a deed from Peter Townsend and wife to Henry McFarlan, dated June 25, 1811, which…
2Cases cited10 opinions
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Borst v. . EmpieNew York Court of Appeals · 1851
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
- Groat v. . MoakNew York Court of Appeals · 1883
- Olmsted v. Loomis & GravesNew York Supreme Court · 1849
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3Cited by1 opinion
- Hall v. ConklinAppellate Division of the Supreme Court of the State of New York · 1910