Fischer v. Trustees of Clifton Springs
New York Supreme Court
Action by Leonard D. Fischer against the Trustees of .the Village of Clifton Springs for an injunction restraining defendants from diverting waters-and for damages.
1Opinion of the Court
CLARK,. J.
This case was moved for trial at the Ontario^ Trial Term in October, 1908, and a jury was waived, and by stipulation of the parties the case was tried before the court without a jury. During the trial plaintiff offered in evidence an award, and all proceedings in the so-called Sheldon Case. Decision was reserved with reference thereto until the final disposition of the case. That proceeding was between other parties, and did not involve the precise questions litigated here, and in view of the facts developed in this case the proceedings in the Sheldon Case are not binding upon the…
2Cases cited5 opinions
- Smith v. . City of BrooklynNew York Court of Appeals · 1899
- Churchill v. BaumannCalifornia Supreme Court · 1892
- Churchill v. BaumannCalifornia Supreme Court · 1894
- Dean v. BennNew York Supreme Court · 1893
- Duesler v. City of JohnstownAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Loranger v. City of FlintMichigan Supreme Court · 1915
- Fischer v. Trustees of Village of Clifton SpringsAppellate Division of the Supreme Court of the State of New York · 1910
- Watervliet Hydraulic Co. v. StateNew York Court of Claims · 1922