Jayne v. Cortland Water Works Co.
New York Supreme Court
Action by the plaintiff to enjoin the defendant from continuing trespasses upon the plaintiff’s lands resulting from the defendant’s maintaining in and through them its water pipes. In 1883 one Hoffman and one Brooks owned the premises in question. Brooks conveyed to Hoffman and Hoffman to the plaintiff, in 1899, for a nominal consideration. Neither deed contained any grant or reservation of an easement to the defendant.
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Action by the plaintiff to enjoin the defendant from continuing trespasses upon the plaintiff’s lands resulting from the defendant’s maintaining in and through them its water pipes. In 1883 one Hoffman and one Brooks owned the premises in question. Brooks conveyed to Hoffman and Hoffman to the plaintiff, in 1899, for a nominal consideration. Neither deed contained any grant or reservation of an easement to the defendant. In 1884, with the knowledge of, and upon some oral understanding with, Brooks and Hoffman, the defendant dug a trench on the premises and laid pipes in it which are still…
1Opinion of the CourtEoebes, J.
I am inclined to think that the plaintiff purchased the stone quarry with actual notice of the location and use of the water main in question; and with knowledge that Prospect street had been projected westerly from the stand-pipe and tank of defendant corporation, at least, down to a point where Davis street intersects Prospect, and was then intended to be continued through the plaintiff’s land to the street running north and south in front of the pumping station.
The evidence does not convince me, however, that any legal grant or reservation was ever made by. Norman Hubbard, the original…
2Cases cited7 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Hymes v. . EsteyNew York Court of Appeals · 1889
- G.L. P.J.R.R. Co. v. . N.Y. G.L.R.R. Co.New York Court of Appeals · 1892
- Turner v. HowardAppellate Division of the Supreme Court of the State of New York · 1896
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