Kazansky v. Bergman

This case presents an interesting question as to the form and content of the decision which the court is required to make, upon dismissing the complaint in an action tried without a jury.

The question arises in an equity action brought by the plaintiff-respondent for an injunction against the maintenance of a dam or dike upon the premises of the defendant-appellant Bergman, which is alleged to have resulted in an excessive flow of water on to the plaintiff’s premises. The action was referred to an Official Referee to hear and determine. At the close of the plaintiff’s evidence upon the trial…