Legal Opinion
Dean v. Benn
New York Supreme Court
Decided May 9, 1893PublishedCited by 3 opinions
Appeal from special term, Montgomery county. Action by Luther L. Dean and others against William J. Benn and another for damages for maintaining a dam at a certain height, and also asking that the dam be lowered. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtHebbiok, J.
It seems to me that plaintiffs acquiesced in the erection of the dam to such a height as to cause the damage, and that such acquiescence, together with their silence at the time of the exchange of the deeds mentioned in the eighteenth finding of fact, should prevent a recovery by them. I see no occasion for another opinion. It was sufficiently discussed by Judge Tappan. See, also, Pom. Eq. Jur. §§ 816-818. All concur.
2Cited by3 opinions
- Lefrois v. Monroe CountyNew York Supreme Court · 1895
- Fischer v. Trustees of Clifton SpringsNew York Supreme Court · 1909
- Hazard v. WilsonNew York Supreme Court · 1898