Gage v. Hill
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. This action was brought for an alleged assault and battery, committed by the defendant Maria Hill upon Anna German, deceased, of whom the plaintiff is executor. The plaintiff claimed a prescriptive right to use the well on the premises of the defendant Augustus Hill, and while attempting to remove boards nailed upon the top of the curb, the defendant Maria Hill wrenched an axe out of her hands and assaulted her.
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APPEAL from a judgment entered upon the report of a referee. This action was brought for an alleged assault and battery, committed by the defendant Maria Hill upon Anna German, deceased, of whom the plaintiff is executor. The plaintiff claimed a prescriptive right to use the well on the premises of the defendant Augustus Hill, and while attempting to remove boards nailed upon the top of the curb, the defendant Maria Hill wrenched an axe out of her hands and assaulted her. The defendant Augustus Hill claimed title in fee to the well and the premises on which it was located, and had actual…
1Opinion of the Court
By the Court,
Miller, J.
The trial of this cause involved the question whether the original plaintiff, Anna German, deceased, had a prescriptive right to use a certain well on the premises of the defendant Augustus Hill. The referee allowed the plaintiff to give in evidence a recovery previously had, in a justices’ court, in favor of the plaintiff, against the defendant Augustus Hill, involving the title to the well. The complaint in that action admitted that the defendant was in possession of the well, and claimed to recover upon the ground that the plaintiff had title to the well, and a right…
2Cases cited2 opinions
- Striker v. MottNew York Supreme Court · 1831
- Willoughby v. JenksNew York Supreme Court · 1838
3Cited by3 opinions
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- Collar v. Ulster & Delaware Railroad, New York County Courts1911
- Balja v. RawleyNew York Supreme Court · 1868