Root v. . Wadhams
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 35 Hun, 57.) This action was brought to restrain the defendant from removing or interfering with a pipe which formerly conducted water from a spring on defendant’s premises, across an intervening lot to the premises of plaintiff, and from in any manner interfering with the flow of water through said pipe. The material facts are…
1Opinion of the CourtPeckham, J.
TMs is an appeal by the defendant from a judgment of the General Term affirming a judgment in favor of the plaintiff entered upon the decision of the trial judge at circuit without a jury.
Among the facts found are the following: On the 10th of March, 1865, one Bradbury took a conveyance of the premises now occupied by the plaintiff, and in June, 1870, he conveyed those premises to one Rowley, who, in February, 1883, conveyed them to the plaintiff. Bradbury had also been the owner and in possession of the premises now occupied by the defendant for thirty years prior to April 5, 1882, at which…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Ogden v. . JenningsNew York Court of Appeals · 1875
- Adams v. . ConoverNew York Court of Appeals · 1882
3Cited by23 opinions
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Morris v. BluntUtah Supreme Court · 1916
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- Jacobson v. Luzon Lumber Co.New York Supreme Court · 1948
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