Hudson River Ice Co. v. Brady
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Hudson River Ice Company, from an order of the Supreme Court, made at the Greene County Special Term and entered in the office of, the clerk of the county of Greene on the 19th day of February, 1913, denying a motion to vacate a prior order, which vacated ex parte an injunction order obtained ex parte by the-plaintiff.
1Opinion of the Court
Howard, J.:
Murderer’s creek is a tributary of the Hudson river emptying into the Hudson river near the village of Athens. The creek is navigable at the point in question, and the tide ebbs and flows at that place. The plaintiff has an icehouse on the west bank of the Hudson at Athens. On February 8, 1913, when the ice was not less than four inches thick, the plaintiff caused to be marked and staked out a certain field of ice in Murderer’s creek. At the place where the ice was so staked out the creek flows in part along lands owned by the plaintiff *143and in part along the adjoining lands of a…
2Cases cited5 opinions
- Slingerland v. . International Contracting Co.New York Court of Appeals · 1901
- Slingerland v. International Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1899
- People's Ice Co. v. DavenportMassachusetts Supreme Judicial Court · 1889
- Becker v. HallSupreme Court of Iowa · 1901
- Briggs v. Knickerbocker Ice Co.New York Supreme Court · 1895
3Cited by1 opinion
- Knipe v. WheelehanAppellate Terms of the Supreme Court of New York · 1916