Simmons v. . Cloonan
New York Court of Appeals
Appeal .from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment entered upon the report of a referee, granting a perpetual injunction against the defendants. Beported below.
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Appeal .from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment entered upon the report of a referee, granting a perpetual injunction against the defendants. Beported below. (2 Lansing, 346.) The complaint alleges that the plaintiffs were and are seized of a lot of land containing a lime and cement mill, propelled by water and steam, situate in the village of Bondout, and also seized of a pond or reservoir and of the right to confine the water of said reservoir or pond by a suitable dam, and to use the same to propel said mill; that the…
1Opinion of the CourtFolger, J.
The respondents as owners or occupants of the premises described in the complaint, claim a right in the lands of the appellant Cloonan, and in the street of the other appellant, to have a pond of water maintained on the lands of the first, and to draw the water away through a flume under the street of the last. They do not claim this by prescription or express grant, but by an implied grant from the express grant of the premises occupied by them, or as incident or appurtenant thereto. To be more particular, it is claimed that all the lands affected were once a single tenement; that the owner…
2Cases cited2 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
3Cited by10 opinions
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Beardslee v. New Berlin Light & Power Co.New York Court of Appeals · 1912
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Crippen v. . MorssNew York Court of Appeals · 1872
- Green v. . CollinsNew York Court of Appeals · 1881
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