Crosdale v. . Lanigan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department entered upon an order made February 3, 1891, wliich affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the aption and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department entered upon an order made February 3, 1891, wliich affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the aption and the facts, so far as material, are stated in the opinion. The trial court erred in holding that it was immaterial whether or not plaintiff had built an artificial embankment, raising the earth several feet above the natural surface along the boundry line of his own premises next west of defendant prior to any…
1Opinion of the CourtAndrews, J.
This case ¡^resents a question of importance from the principle involved, although the particular interest affected by the decision is not large.
The action was brought to obtain equitable relief by injunction to restrain the defendant from tearing down a stone wall ■erected on the defendant’s land by the plaintiff, under an ■alleged parol license from the defendant, and in the erection of which the plaintiff expended in labor and materials a sum ■exceeding one hundred dollars. The parties are the owners of adjoining lots fronting upon a public street. The plaintiff’s lot is west of the lot of…
2Cases cited2 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
3Cited by38 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Willow Tex, Inc. v. DimacopoulosNew York Court of Appeals · 1986
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- Hathaway v. Yakima Water, Light & Power Co.Washington Supreme Court · 1896
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
33 more not listed; retrieve them via the Exa API.