Honsee v. Hammond
New York Supreme Court
PPEAL from a judgment entered upon a decision at circuit, and motion for new trial upon exceptions. The cause was tried before Justice Hogeboom and a jury, at the Sullivan circuit, in September, 1860. The action was brought to recover damages for injuries charged in the complaint and alleged to have resulted to the plaintiff from the wrongful acts of the defendant and his workmen, in throwing tan-bark and other materials into the stream upon which the plaintiff had a dam,…
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PPEAL from a judgment entered upon a decision at circuit, and motion for new trial upon exceptions. The cause was tried before Justice Hogeboom and a jury, at the Sullivan circuit, in September, 1860. The action was brought to recover damages for injuries charged in the complaint and alleged to have resulted to the plaintiff from the wrongful acts of the defendant and his workmen, in throwing tan-bark and other materials into the stream upon which the plaintiff had a dam, saw-mill, turning mill, &c. The answer denies the allegations in the complaint, as to the ownership of the premises…
1Opinion of the Court
By the Court,
Miller, J.
The defendants interpose several objections to the decisions of the judge upon the trial.
First. It is contended that the plaintiff was not proved to be the owner of the premises, at the time of the alleged injury, as claimed in his complaint, and that he should have been nonsuited upon that ground. The plaintiff alleged that he was the owner and in lawful possession of the premises. The evidence showed that he had an agreement for the purchase of the property, and had taken and held possession by virtue of this and another agreement for some time prior to the…
2Cases cited5 opinions
- Culver v. AveryNew York Supreme Court · 1831
- Dolittle v. EddyNew York Supreme Court · 1849
- Rathbone v. McConnellNew York Supreme Court · 1855
- Thomas v. BrackneyNew York Supreme Court · 1851
- Spencer v. Saratoga & Washington RailroadNew York Supreme Court · 1852
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- Johnson v. New York Bowery Fire InsuranceNew York Supreme Court · 1886
- Moore v. TaylorNew York Supreme Court · 1916
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