Law v. McDonald
New York Supreme Court
Appeal from a part of a judgment in favor of the plaintiff entered on tbe report of a referee. The action was in equity. The complaint contained two independent causes of action: one for an alleged unlawful obstruction and diversion of an arm of the Delaware river; the other, for an alleged unlawful removal of, and interference with a water pipe, through which the plaintiff drew water to his premises from a spring situated on the defendant’s lands.
Read the full summary
Appeal from a part of a judgment in favor of the plaintiff entered on tbe report of a referee. The action was in equity. The complaint contained two independent causes of action: one for an alleged unlawful obstruction and diversion of an arm of the Delaware river; the other, for an alleged unlawful removal of, and interference with a water pipe, through which the plaintiff drew water to his premises from a spring situated on the defendant’s lands. Equitable relief was sought as to each alleged cause of action. The referee found in favor of the defendant on the first count of the complaint,…
1Opinion of the Court
BooKes, J.:
The referee found that the plaintiff established his right to draw' water from the spring situated on the defendant’s land, by adverse use. It was proved beyond controversy that water had been taken from the spring and conducted through a pipe to the plaintiff’s premises, as claimed by the latter, for a period of about twenty-seven years prior to the defendant’s interference with, and removal of the pipe. But it was insisted by the defendant that such use of the water was merely permissive under license, and otherwise without right.
The plaintiff was without paper evidence of any…
2Cases cited8 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Caldwell v. LeiberNew York Court of Chancery · 1839
- Townsend v. . McDonaldNew York Court of Appeals · 1855
3 more not listed; retrieve them via the Exa API.