McGetrick v. Shoecraft
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas McGetrick, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Cayuga on the 2d day of August, 1920, upon the report of a referee in so far as it grants equitable relief and damages in favor of the defendants upon their counterclaim.
1Opinion of the Court
Davis, J.:
The learned referee seems to have misapprehended the effect of our decision in Lumley v. Village of Hamburg (181 App. Div. 441). That was a case where an artificial ditch extended through and drained a tract of low land, and had existed for forty years. In it water flowed almost constantly *279so that it was in practical effect a stream. By reason of the lapse of time and the continuity of the flow of water, we held that ditch had become a watercourse.
We did not by that decision intend to depart from the well-established doctrine in this and other jurisdictions, that an owner of lands…
2Cases cited3 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Lumley v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1918
- Sabetto v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Town of Hamburg v. GervasiAppellate Division of the Supreme Court of the State of New York · 1945
- Ferrello v. PossematoAppellate Division of the Supreme Court of the State of New York · 1929