Olney v. Culluloo Park Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Peter B. Olney, and by the defendant, Culluloo Park Company, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 25th day of January, 1917, upon the decision of the court after a trial at the Nassau Special Term, whereby it was adjudged that the plaintiff had an easement in the maintenance of a drain or pipe line which carried a watercourse formerly known as Bannister creek from the land of…
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Cross-appeals by the plaintiff, Peter B. Olney, and by the defendant, Culluloo Park Company, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 25th day of January, 1917, upon the decision of the court after a trial at the Nassau Special Term, whereby it was adjudged that the plaintiff had an easement in the maintenance of a drain or pipe line which carried a watercourse formerly known as Bannister creek from the land of the plaintiff through that of the defendant to a canal dug by defendant as a partial substitute for the creek; that the…
1Opinion of the Court
Blackmar, J.:
The learned justice who presided at Special Term decided that the plaintiff had, as appurtenant to his land, a right to have the water flow freely and without obstruction through the drain on the defendant’s land to its outlet into Bannister creek or into the canal which was a substitute for the creek. This right, in his decision and the judgment entered thereon, is denominated an easement. In so far as it was an artificial arrangement, the name was properly applied; and on the facts found, which, we think, are supported by the evidence, the decision and judgment were justified.
Th…
2Cases cited15 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Scriver v. . SmithNew York Court of Appeals · 1885
- Wells v. . GarbuttNew York Court of Appeals · 1892
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3Cited by2 opinions
- Tubb v. Rolling Ridge, Inc.New York Supreme Court · 1961
- Brown v. NeelyNew York Supreme Court · 1949