Mathews Slate Co. v. Advance Industrial Supply Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mathews Slate Company of New York, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 29th day of October, 1917, dismissing the complaint on the merits upon the decision of the court after a trial at the Washington Special Term.
1Opinion of the Court
H. T. Kellogg, J.:
This action was brought to restrain the defendant from entering upon premises of the plaintiff and removing waste slate piled thereon. The premises, consisting of a lot of five and a half acres, for.many years have been used as a slate quarry. They were conveyed in the year 1871 to the predecessors of the plaintiff by one Frederick Ensign and wife, and were carved out of a farm. of one hundred acres then owned by Ensign. As an appurtenance to the lot conveyed the grantors, by the same deed, also conveyed a *76right of way across the remainder of the farm, for access to the…
2Cases cited5 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Snell v. . LevittNew York Court of Appeals · 1888
- Pierce v. . KeatorNew York Court of Appeals · 1877
- Huntington v. . AsherNew York Court of Appeals · 1884
- Grubb v. GuilfordSupreme Court of Pennsylvania · 1835
3Cited by10 opinions
- Gerhard v. StephensCalifornia Supreme Court · 1968
- Trimble v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Builders Supplies Company of Goldsboro, NC v. GaineyCourt of Appeals of North Carolina · 1972
- McCormack Sand Co. v. Town of North Hempstead Solid Waste Management AuthorityDistrict Court, E.D. New York · 1997
- Longo v. Shaker Heights Development, Inc.New York Supreme Court · 1958
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