Jayne v. Cortland Water Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Cortland Water Works Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 23d day of February, 1904, upon the decision of the court, rendered after a trial at the Cortland Special Term, enjoining and restraining the defendant from continuing the trespass alleged in the complaint and from keeping and- maintaining its water pipes in and through the locus in quo.
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Appeal by the defendant, The Cortland Water Works Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 23d day of February, 1904, upon the decision of the court, rendered after a trial at the Cortland Special Term, enjoining and restraining the defendant from continuing the trespass alleged in the complaint and from keeping and- maintaining its water pipes in and through the locus in quo. Prior to July 23, 1883, the Norman Hubbard estate was the owner of lands now owned by the plaintiff and those now owned…
1Opinion of the Court
Smith, J.:
' It seems clear that this plaintiff can claim no. greater rights than could-Brooks and Hoffman, his grantors. The trial court has found, that he took his deed- with'knowledge of 'the position of the defendant’s 'pipes' as laid through the- premises; In his chain, of title, appeared- the deed from the Hubbard estate to Brooks and Hoffman, in. which Brooks and Hoffman had covenanted to open. Pros *521pect street to the western boundary of the land purchased. This plaintiff, therefore, cannot recover unless Brooks and Hoffman could recover the same judgment if the land had not been…
2Cases cited3 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
- Adams v. PatrickSupreme Court of Vermont · 1858
3Cited by1 opinion
- Davidson v. DunhamAppellate Division of the Supreme Court of the State of New York · 1913