Ryckman v. . Gillis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered on the decision of the court at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered on the decision of the court at Special Term. (Reported below, 6 Lans., 79.) This action was brought to restrain the defendant from so removing clay and sand from a piece of land on the bank of the Hudson river, in the town of Cornwall, in Orange county, as to cause land of the plaintiff adjoining it to break away and fall down into the excavation made thereby, and also for an account and payment of damages already sustained. It appeared that the…
1Opinion of the Court
Lott, Ch. C.
The question presented for our decision on this appeal is whether the defendant, in the exercise of the right, reserved to him in and by his deed to Mrs. Shutes, to enter upon a certain and specific portion of the land granted to her and “ to dig and take therefrom the clay and sand that may be found thereon fit for .brick-making” without any restriction or- qualification in the terms of the reservation, can, as decided by the courts below, excavate and remove the same “ only to such an extent as shall leave the plaintiff sufficient lateral support to sustain her lands adjoining…
2Cited by7 opinions
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
- Alabama & Vicksburg Railway Co. v. StingilyMississippi Supreme Court · 1916
- Watters v. PeopleNew York Supreme Court · 1960
- First National Bank v. DowNew York Supreme Court · 1886
- Griffin v. Coal Co.West Virginia Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.