Cary v. Dewey
Appellate Division of the Supreme Court of the State of New York
Appeal by the' plaintiff, William B. Cary, from a judgment of the County Court of Washington county in favor of the defendant, entered in the ofSbe of the clerk of said county on the 8th day of'February, 1908, upon the dismissal of the complaint by direction of the court.'
1Opinion of the Court
Cochrane, J.:
■ For many years prior to 1902. there was on the- side of a highway a pipe which conducted water from a spring to a-hotel property now owned by defendant. In the latter year the owner of the hotel without plaintiff’s knowledge or consent dug a trench -on the opposite side of the highway and in front of premises owned by plaintiff, the title to which premises extended to the center of the highway, and transferred to such trench the pipe line connecting said spring and hotel. The defendant subsequently purchased the hotel property and against plaintiff’s protest opened the trench…
2Cited by2 opinions
- Ashland Oil & Refining Co. v. StateNew York Court of Appeals · 1970
- Wightman v. CottrellAppellate Division of the Supreme Court of the State of New York · 1913