De Camp v. Burns
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward M. Burns and another, from a "judgment of the Supreme Court in favor of the plaintiff5 entered in the office of the cleric of the county of Herkimer on the 28th day of December, 1897, upon the decision of the court rendered after a trial at the Herkimer Trial Term before the court without a jury.
1Opinion of the Court
Green, J.:
In November, 1894, an action was commenced against Dix and Thomson, and a perpetual injunction was prayed for, that the defendants be restrained from floating or driving logs in the North.Branch of the Moose river (Adirondack region), which flows over the plaintiff’s lands, upon the ground that it was a private stream; and the exclusive property of the plaintiff, in which the defendants had no right of easement. A temporary injunction order was granted on the 13th of March, 1895, which was vacated upon condition that an undertaking be given to indemnify the plaintiff against any and…
2Cases cited5 opinions
- Wood v. State ex rel. W. C. White & Co.Court of Appeals of Maryland · 1886
- De Camp v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1897
- Colcord v. SylvesterIllinois Supreme Court · 1873
- Richardson v. AllenSupreme Court of Georgia · 1885
- DeCamp v. BullardNew York Supreme Court · 1898