De Camp v. Thomson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lemon Thomson and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 29th day of June, 1896, upon the report of a referee. This action was brought by tlie plaintiff’s testatrix to restrain the defendants from driving or floating logs down the North Branch of the Moose river.
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Appeal by the defendants, Lemon Thomson and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 29th day of June, 1896, upon the report of a referee. This action was brought by tlie plaintiff’s testatrix to restrain the defendants from driving or floating logs down the North Branch of the Moose river. After the commencement of the action, Julia L. De Camp died, and her husband, William S. De Gamp, was substituted as plaintiff in her stead. The testatrix, during her lifetime, was the owner of the north half…
1Opinion of the Court
Adams, J. :
Three defenses were interposed to this action by the defendants, and the questions which they severally present are relied upon for a reversal of the judgment appealed from. Stated in. the order in which we propose to consider them, these defenses are as follows, viz::' (1) That the defendants are entitled to float logs in the North Branch, as a right of way, by necessity; (2) that the North Branch of the Moose river and Big Sáfford creek are public highways at common law for the floating of logs and timber; (3) that the North Branch of Moose river has been declared a public…
2Cases cited10 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Embury v. . ConnerNew York Court of Appeals · 1850
- Morgan v. . KingNew York Court of Appeals · 1866
- Moore v. SanborneMichigan Supreme Court · 1853
- Palmer v. MulliganNew York Supreme Court · 1805
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3Cited by15 opinions
- People v. HillmanNew York Court of Appeals · 1927
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- O'Tier v. SellAppellate Division of the Supreme Court of the State of New York · 1929
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