Smith v. Cranford
New York Supreme Court
Appeal from judgment on report of referee. Action by Phebe A. Smith against John P. Cranford and an'other for damages to a fish pond. There was a judgment in favor of plaintiff, and defendants appeal.
1Opinion of the CourtBrown, P. J.
The defendants, from September to November, 1890, were engaged as contractors with the city of Brooklyn in constructing upon the city’s land an aqueduct in aid of the city’s water supply. The aqueduct crossed a small stream of water, which flowed southerly through the plaintiff’s lands, and upon which the plaintiff had a trout preserve. The preserve consisted of four ponds, constructed by deepening and widening the stream and building dams, and were together about 350 feet in length. The referee found that the water of'said stream was pure, clear, and cool, and well adapted to the breeding…
2Cases cited4 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Kromer v. . HeimNew York Court of Appeals · 1879
- Noe v. . ChristieNew York Court of Appeals · 1873
- Covert v. . CranfordNew York Court of Appeals · 1894
3Cited by7 opinions
- Rubin v. SiegelAppellate Division of the Supreme Court of the State of New York · 1918
- Melenky v. MelenAppellate Division of the Supreme Court of the State of New York · 1923
- State v. California Packing CorporationUtah Supreme Court · 1943
- Moers v. MoersAppellate Division of the Supreme Court of the State of New York · 1919
- Wenz v. MeyersohnAppellate Division of the Supreme Court of the State of New York · 1901
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