Robinson v. Smith
New York Supreme Court
Appeal from judgment on report of referee. Action for damages and for an injunction, by Francis M. Robinson against Charles W. Smith and Hiram Ellsworth. Plaintiff is the owner of a house and lot situated on Leatherstocking street, in the village of Cooperstown, and defendant Smith is the owner of premises fronting on Chestnut street, adjacent to the premises of the plaintiff on the east.
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Appeal from judgment on report of referee. Action for damages and for an injunction, by Francis M. Robinson against Charles W. Smith and Hiram Ellsworth. Plaintiff is the owner of a house and lot situated on Leatherstocking street, in the village of Cooperstown, and defendant Smith is the owner of premises fronting on Chestnut street, adjacent to the premises of the plaintiff on the east. The defendant Ellsworth, on the 1st day of April, 1887, took possession of the premises of Smith, and has ever since remained in the possession of the same as a tenant of the defendant Smith; and Ellsworth,…
1Opinion of the CourtHardin, P. J.
After a careful perusal of the evidence found in the appeal-
book, we are of the opinion that the findings of fact made by the referee are in accordance with the weight of the evidence; and, while we find some conflict in the evidence, we think we should accept the findings of fact made by the léarned referee. In accepting such findings we follow well-recognized authorities. Roosa v. Smith, 17 Hun, 138; Sinclair v. Tallmadge, 35 Barb. 602; Titus v. Perry, 13 N. Y. St. Rep. 237.
1. In Hay v. Cohoes Co., 2 N. Y. 162, Gardiner, J., in speaking of the rights of adjacent owners, said: “They could…
2Cases cited14 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Irvine v. . WoodNew York Court of Appeals · 1872
- Fish v. DodgeNew York Supreme Court · 1847
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3Cited by3 opinions
- Collins v. SargentCalifornia Court of Appeal · 1928
- Fagan v. SilverMontana Supreme Court · 1920
- Inderlied v. WhaleyNew York Supreme Court · 1895