Litchfield v. International Paper Co.
New York Supreme Court
. Motion to change the place of trial. This action is brought in Kings county, where the plaintiff resides, to obtain a judgment of injunction requiring the defendants to remove a superstructure to a dam owned and used by them across Rackett river in Franklin county, so as to reduce the height of such dam, and thereby prevent it from so raising the water above it in Tupper Lake as to overflow the plaintiff’s lands bordering on the said lake, and situated partly in Franklin…
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. Motion to change the place of trial. This action is brought in Kings county, where the plaintiff resides, to obtain a judgment of injunction requiring the defendants to remove a superstructure to a dam owned and used by them across Rackett river in Franklin county, so as to reduce the height of such dam, and thereby prevent it from so raising the water above it in Tupper Lake as to overflow the plaintiff’s lands bordering on the said lake, and situated partly in Franklin county and partly in St. Lawrence county; and enjoining them from hereafter restoring such superstructure; and also to…
1Opinion of the Court
Gaynor, J.:
The defendants claim that the action is for damages for trespass to land, and that as part of the land is in St. Law- rence county they are entitled to have the action tried there under that part of section 982 of the Code of Civil Procedure which requires every action to procure a judgment “ annulling or otherwise affecting an estate, right, title, lien or other interest in real property, or a chattel real ”, to be tried in the county where such land or chattel real is situated. The action of trespass quaere clausum fregit was and is, as its name implies, an ordinary method of…
2Cited by1 opinion
- Tuomey v. KingsfordAppellate Division of the Supreme Court of the State of New York · 1902