Nostrand v. Durland
New York Supreme Court
MOTION to set aside a nonsuit, and for a new trial. The complaint was for trespass quare clausum fregit, and alleged two distinct acts of trespass upon the plaintiff’s premises, "describing the said premises as a certain parcel of land, pond and saw-mill standing thereupon, situate at Springfield in the town of Jamaica, Queens county, (together with the stream and pond of water thereto belonging, and the privilege of raising the water in said pond as high as is necessary for…
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MOTION to set aside a nonsuit, and for a new trial. The complaint was for trespass quare clausum fregit, and alleged two distinct acts of trespass upon the plaintiff’s premises, "describing the said premises as a certain parcel of land, pond and saw-mill standing thereupon, situate at Springfield in the town of Jamaica, Queens county, (together with the stream and pond of water thereto belonging, and the privilege of raising the water in said pond as high as is necessary for all uses and purposes of said mill.) The defendant, by his answer, denied that the plaintiff was the owner in fee of…
1Opinion of the CourtS. B. Strong, J.
This is an action for breaking and entering the plaintiff’s close, and cutting down and carrying away the trees standing upon one part of it, and carting and depositing sand and dirt upon another part of it, and by the latter grievance diminishing the quantity of water to which the plaintiff was entitled for the use of his mill. Although the forms of action formerly adopted were abolished by the code, yet the substantial rules governing the rights of action, and their statement in the pleadings, must still generally prevail. Otherwise, except in a few instances specified in the code, we have…
2Cases cited1 opinion
- Rogers v. JonesNew York Supreme Court · 1828
3Cited by3 opinions
- Deuterman v. GainsborgAppellate Division of the Supreme Court of the State of New York · 1896
- Beach v. Mayor of New YorkNew York Supreme Court · 1872
- Deutermann v. GainsborgAppellate Division of the Supreme Court of the State of New York · 1896