Valentino v. . Schantz
New York Court of Appeals
Appeal'from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 28, 1913, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal'from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 28, 1913, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The right to flow which is granted to the defendant Philip Schantz by a long series of conveyances is not in any way restricted or limited as to its purpose. Such a right gives the owner the right to cut and remove ice forming over the lands of…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a suit in equity to restrain the defendants from taking ice formed on water overflowing the lands of the plaintiffs. The defendant Philip Schantz and the plaintiffs own contiguous tracts of land in the township of Lloyd in Ulster county. There is a pond upon these adjoining properties covering portions of both tracts. This pond, overflows about two acres of the plaintiffs’ land. The defendant Philip Schantz claims the right to take ice from this portion of the pond on the ground that the whole pond is formed by the action of a dam which he maintains under a…
2Cases cited11 opinions
- Washington Ice Co. v. ShortallIllinois Supreme Court · 1881
- Mill River Woolen Manufacturing Co. v. SmithSupreme Court of Connecticut · 1867
- State v. PottmeyerIndiana Supreme Court · 1870
- Eidemiller Ice Co. v. GuthrieNebraska Supreme Court · 1894
- Bigelow v. ShawMichigan Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taft v. Bridgeton Worsted Co.Massachusetts Supreme Judicial Court · 1921
- Loverdos v. VomvourasNew York Supreme Court · 1960