Gillies v. Eckerson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, James W. Gillies, individually, and James W. Gillies and others, as executors, etc., of John W. Gillies, deceased, and as trustees,; etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the '11th day of November, 1902, upon the decision of the court rendered after a trial at the Queens County Special Term, a jury having been waived, dismissing the plaintiffs’ complaint…
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Appeal by the plaintiffs, James W. Gillies, individually, and James W. Gillies and others, as executors, etc., of John W. Gillies, deceased, and as trustees,; etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the '11th day of November, 1902, upon the decision of the court rendered after a trial at the Queens County Special Term, a jury having been waived, dismissing the plaintiffs’ complaint upon the merits.
1Opinion of the Court
Hooker, J.:
The plaintiffs were the owners of land south of Jefferson street in the village of Haverstraw, and the defendant owned a considerable tract of land north of. that street. The soil in this vicinity, north and south for several miles and back from the Hudson river several hundred feet, is peculiarly adapted to the making of brick, and for upwards of twenty-five years the plaintiffs and their predecessors in title have been engaged in digging away the surface of their land to procure materials therefor. The defendant has also been engaged in the same enterprise, and in' the year 1895,…
2Cases cited4 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Farrand v. MarshallNew York Supreme Court · 1855
- Trowbridge v. TrueSupreme Court of Connecticut · 1884
3Cited by4 opinions
- New York Steam Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Vikell Investors Pacific, Inc. v. Kip Hampden Ltd.Colorado Court of Appeals · 1997
- Wahl v. KellyWisconsin Supreme Court · 1928
- Bienstock v. Nista Construction Co.New York Supreme Court · 1930