Spencer v. . Kilmer
New York Court of Appeals
Appeal from a judgment of tlie General Term of the Supreme Court in the third judicial department, entered October 1, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of tlie General Term of the Supreme Court in the third judicial department, entered October 1, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Mr. Morrissey did not acquire by his lease, or deed, or otherwise, any legal right or easement to maintain his pipes, sluices, drains, boxes and reservoirs upon defendant’s adjoining land. (White v. M. R. Co., 139 N. Y. 19; 6 Am. & Eng. Ency. of Law [1st ed.], 143; Voorhees v.…
1Opinion of the CourtO’Brien, J.
The plaintiff in this action sought, through the power of a court of equity, to compel the defendant to repair a permanent and continuing injury to real property which resulted from his act, and to make good the damages sustained up to the date of the trial. This relief has been awarded to him to the full extent demanded by the terms of the judgment.
On the 29th of September, 1891, the defendant dug up, removed and destroyed the pipes and conduits leading from reservoirs and springs that supply a fish pond upon the plaintiff’s land with spring water. These acts were all done and performed by…
2Cases cited12 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Scriver v. . SmithNew York Court of Appeals · 1885
- Simmons v. . CloonanNew York Court of Appeals · 1880
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3Cited by32 opinions
- Berlin v. RobbinsWashington Supreme Court · 1934
- Green v. MannAppellate Division of the Supreme Court of the State of New York · 1997
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
- Watson v. FrenchSupreme Judicial Court of Maine · 1914
- Houston Electric Co. v. Glen Park Co.Court of Appeals of Texas · 1913
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