Howe's Cave Lime & Cement Co. v. Howe's Cave Ass'n
New York Supreme Court
Appeal from special term, Schoharie county. Action by Howe’s Cave Lime & Cement Company against Howe’s Gave Association. From an order directing that plaintiff be permitted to go on the lands and premises of defendant for the purpose of making a survey and ascertaining the boundaries thereof, defendant appeals.
1Opinion of the CourtPutnam, J.
The parties are owners of adjoining lots of land at Howe’s Cave, N. Y., and engaged in the business of manufacturing lime, cement, and building stone. Plaintiff claimed that defendant had opened a tunnel on its land about 20 rods distant from the premises of the former, and through such canal reached the land of said company under the surface; had trespassed thereon, and taken and removed therefrom a large quantity of valuable material. The affidavit of the manager of the plaintiff, used on the motion, states;
“That the deponent gained admission to said tunnel, and made some crude measurements…
Also in this document: Concurrence.
2Cases cited4 opinions
- In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
- Jones v. . SheldonNew York Court of Appeals · 1872
- People v. O'NeilNew York Supreme Court · 1889
- Hayden v. Van CortlandtNew York Supreme Court · 1895
3Cited by1 opinion
- Allen v. BesseMassachusetts District Court, Appellate Division · 1984