Eckerson v. . Crippen
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made January 23, 1886, which reversed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to restrain an alleged interference with a pipe conducting water from a spring to plaintiff’s dwelling-house and to recover damages for severing said pipe and depriving plaintiff of the use of the water.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made January 23, 1886, which reversed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to restrain an alleged interference with a pipe conducting water from a spring to plaintiff’s dwelling-house and to recover damages for severing said pipe and depriving plaintiff of the use of the water. The referee found, substantially, the following facts. In the year 1837 an oral agreement was made between said John Caryl, who then owned a lot in Otsego county, on…
1Opinion of the CourtPeckham, J.
The paroi agreement between Caryl and Daniel Crippen, made in 1837, for the use of water from the spring belonging to Crippen, although founded upon a consideration, was nothing more than a license. We cannot see any material distinction between this case in that respect and those of Wiseman v. Lucksinger (84 N. Y. 31), and Cronkhite v. Cronkhite (94 id. 323). In the former case the paroi agreement was quite as specific in its terms as the one here proved, and yet it was held not sufficiently complete and definite to be regarded in equity as equivalent to a grant by deed or conveyance, in…
2Cases cited2 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Hammond v. . ZehnerNew York Court of Appeals · 1860
3Cited by21 opinions
- White v. Manhattan Railway Co.New York Court of Appeals · 1893
- Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Thoemke v. FiedlerWisconsin Supreme Court · 1895
- First National Bank v. Vanden BrooksMichigan Supreme Court · 1918
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