Erie Basin Improvement Co. v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Erie Basin Improvement Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew 'York on the 30th day of March,. 1909, upon the decision of the court dismissing the complaint on the opening of plaintiff’s counsel upon a trial at the Hew York Special Term.
1Opinion of the Court
Laughlin, J.:
The complaint was dismissed on the ground that the suit is in equity and that a court of equity has not jurisdiction of the subject-matter of the action. The plaintiff is the owner of a tract of land in the borough of The Bronx in the city and county .of. Hew York, one of the boundaries of which, according to the record title, is the center line of Cromwell’s or Doughty’s brook. The premises lie between Cromwell avenue and Inwood avenue, southerly of One Hundred and Seventieth street, which in part forms the northerly *366boundary. The brook as it formerly existed would cross One…
2Cases cited3 opinions
- Boyd v. DowieNew York Supreme Court · 1872
- Beatty v. DixonCalifornia Supreme Court · 1880
- Hough v. MartinSupreme Court of North Carolina · 1839
3Cited by2 opinions
- McRae v. HamerSupreme Court of South Carolina · 1929
- Hunt v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1915