Foot v. Bronson
New York Supreme Court
This was an appeal by the defendants upon a case made, and exceptions, from a judgment entered upon the decision of the court at Special Term.
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This was an appeal by the defendants upon a case made, and exceptions, from a judgment entered upon the decision of the court at Special Term. The plaintiffs brought the suit in equity, jointly, as owners of adjoining premises, against the defendants, as partners, and prayed in their complaint that the defendants might be directed to construct a sluiceway across a certain highway, for the purpose of changing the direction of the flow of surface water from its then present course, and also to fill up a certain ditch to its former level; and that the defendants might be restrained from…
1Opinion of the Court
By the Court
Johnson, J.
The evidence fully sustains the findings of fact by the judge before whom the action was tried. According to this finding, the defendants, in order to ameliorate the condition of their own land, and to free it from surface water, which would otherwise collect and remain on the low, marshy places thereon, from rains and melting snows, deepened the ditch on the north side of Washington street, adjacent to such lands, over three feet below what it had ever been before. The object of this deepening of said ditch was, as the defendants themselves testify, to draw the surface…
2Cases cited5 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Murray v. HayNew York Court of Chancery · 1845
- Bellows v. SackettNew York Supreme Court · 1853
- Brady v. WeeksNew York Supreme Court · 1848
3Cited by13 opinions
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Davis v. . Niagara Falls Tower Co.New York Court of Appeals · 1902
- Bradley v. . BradleyNew York Court of Appeals · 1900
- Laduca v. DravesAppellate Division of the Supreme Court of the State of New York · 1911
- Field v. Inhabitants of West OrangeNew Jersey Court of Chancery · 1882
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