Bell v. Hayes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, R. Walter Bell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 12th day of March, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the Ith day of April, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff claimed that he was the owner of certain premises on and running down to the ordinary high-water mark at Great South Bay, Long Island, upon which he had built a fence, and that the defendant, without his consent, took down and removed a portion of such fence, thus disturbing him in the use of his land to his damage.
The defendant answered, denying the plaintiff’s ownership, and alleged that she was the owner of the strand in front of the plaintiff’s premises and of a right of way, two rods wide, above the strand; that the fence was built across the strip over…
2Cases cited9 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Sherman v. . KaneNew York Court of Appeals · 1881
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Miller v. GarlockNew York Supreme Court · 1850
- Katz v. . KaiserNew York Court of Appeals · 1897
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3Cited by7 opinions
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- Granada v. d'AllesandroNew York Supreme Court · 1916
- Hildreth v. GoodellAppellate Division of the Supreme Court of the State of New York · 1955
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