Deutermann v. Gainsborg
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Charles Deutermann and others, as executors, etc., against Samuel H. Gainsborg and another, to restrain the defendant Gainsborg from emptying sand into a pond, etc. From a judgment on finding for defendant, plaintiffs appeal.
1Opinion of the CourtCullen, J.
The plaintiffs, claiming to own a mill dam, mill seat, and mill pond, including the lands under the water of the pond, brought this action to restrain the defendant Gainsborg, the owner of land abutting the pond, from emptying sand, muck, or obnoxious matter into the pond, and to recover damages. The defendant answered, denying title in the plaintiffs to the easterly half -of the lands under the lake or pond, and also denying that the defendant had interfered with the plaintiffs’ water rights or privileges. The defendant prayed for an affirmative judgment establishing the boundary line…
2Cases cited5 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Barnard v. . GantzNew York Court of Appeals · 1893
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Nostrand v. DurlandNew York Supreme Court · 1856