Potter v. Sumner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Alanson A. Sumner, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 30th day of January, 1902, denying his motion for an order requiring the plaintiff to serve an amended complaint, wherein shall be stated in one count the facts constituting his alleged cause of action for the maintenance, continuance and use of the dam therein mentioned and in another count…
Read the full summary
Appeal by the defendant, Alanson A. Sumner, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 30th day of January, 1902, denying his motion for an order requiring the plaintiff to serve an amended complaint, wherein shall be stated in one count the facts constituting his alleged cause of action for the maintenance, continuance and use of the dam therein mentioned and in another count the facts constituting his cause of action for unlawfully and wrongfully in September, 1900, raising such dam and…
1Opinion of the CourtFdesman, J.
The complaint alleges that the plaintiff is the' owner of certain lands therein described which border on the Sacandaga river; that about 1841 one Barbour erected a dam about seven feet high across the river, by means of which the waters thereof were set back and raised about five feet upon the plaintiff’s land; that about 1883 the defendant became and now is the owner of the lands on each side of the dam with all rights in said dam ; that after that time and down to September, 1900, the defendant continued to maintain this dam, by means of which the water continued to be set back upon the…
2Cases cited2 opinions
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Hall v. StateAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Caflisch v. Clymer Power Corp.New York Supreme Court · 1925
- Brooks v. SumnerAppellate Division of the Supreme Court of the State of New York · 1902
- Frasier v. SumnerAppellate Division of the Supreme Court of the State of New York · 1902