Mason v. Thwing
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lizzie N. Mason, from a judgment of the Supreme Court in favor of' the defendant, entered in the office of the clerk of the county of Onondaga on the 28th day of July, 1903, upon the decision of the court rendered after a trial at the Onondaga Special Term dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, Lizzie N. Mason, from a judgment of the Supreme Court in favor of' the defendant, entered in the office of the clerk of the county of Onondaga on the 28th day of July, 1903, upon the decision of the court rendered after a trial at the Onondaga Special Term dismissing the plaintiff’s complaint. The action was commenced on the 25th day of April, 1903, to obtain a permanent injunction against the defendant preventing and restraining him from in any manner interfering with a hydraulic ram located upon his property and used by the plaintiff to force water to certain…
1Opinion of the Court
McLennan, P. J.:
Prior to April, 1855, one John Sprague was the owner of the entire premises involved in this litigation, which consisted of a farm of about seventy acres situated in the town of Manlius, in the coimty of Onondaga, upon either side of the High Bridge road, so called.
On the 17th day of April, 1855, the said John Sprague, by warranty deed, conveyed the portion of the premises lying upon the easterly side of the highway, consisting of about three acres, more or less, to one Ichabod Goodfellow, which deed contained the following reservation : “ Reserving thereout the cider mill lot…
2Cases cited4 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- French v. . CarhartNew York Court of Appeals · 1847
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Root v. . WadhamsNew York Court of Appeals · 1887
3Cited by3 opinions
- Ringwald v. SadlowskiAppellate Division of the Supreme Court of the State of New York · 1932
- Auburn & Syracuse Electric Railroad v. JaeckelNew York Supreme Court · 1922
- Dunbar v. SweeneyNew York Supreme Court · 1917