Petrie v. . Trustees of Hamilton College
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 17,1896, reversing a judgment in favor of defendant entered upon the report of a referee, and granting a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 17,1896, reversing a judgment in favor of defendant entered upon the report of a referee, and granting a new trial. The object of this action was to restrain the defendant from diverting any water from South brook, so called, upon the premises of the plaintiff, and from diverting more than one-tenth of the water from Kirkland Glen brook, so called, also upon the premises of the plaintiff. The main ground upon which this relief was sought, according to the allegations of the…
1Opinion of the CourtVann, J.
The general exception filed to the report of the referee was sufficient to authorize a review of his decision. (Otten v. Manhattan R. R. Co., 150 N. Y. 395, 399.) As the report was general in form, the presumption in support of the judgment rendered by the referee is that all the facts, warranted by the evidence and necessary to support said judgment, were impliedly found by him. (Amherst College v. Ritch, 151 N. Y. 282.) The learned Appellate Division did not state in its -order or judgment that the reversal was upon the facts, and hence the presumption required by statute is that it was…
2Cases cited7 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Bomeisler v. . ForsterNew York Court of Appeals · 1897
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