Hoag v. Pierce
New York Supreme Court
Appeal from special term, Onondaga county. Action by David W. Hoag against Edwin O. Pierce to restrain defendant from preventing plaintiff’s use of a well. Plaintiff had judgment, and defendant appeals. Affirmed. Parties owned parcels of real estate situated on the south side of Main street, in the village of Elbridge, upon which properties are two hotels.
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Appeal from special term, Onondaga county. Action by David W. Hoag against Edwin O. Pierce to restrain defendant from preventing plaintiff’s use of a well. Plaintiff had judgment, and defendant appeals. Affirmed. Parties owned parcels of real estate situated on the south side of Main street, in the village of Elbridge, upon which properties are two hotels. In Main •street, opposite the premises of the defendant, some eight feet outside of the curbstone, and south of the center line of the street, is situated a well in which is a pump from which water has been drawn for the use of sundry…
1Opinion of the CourtHardin, P. J.
It is insisted in behalf of the appellant that by the pleadings it was conceded “that the defendant was the owner in fee of tbe land on which the well stood.” In the complaint it was alleged “that said well is not on the premises of the said defendant, the same being within and upon the land of said Main street, and about twelve feet north of defendant’s, north line and the south line of said Main street.” Reading that allegation in connection with the averment in the earlier part of the complaint, to the effect that the premises of the defendant were bounded on the north by Main street, it…
2Cases cited6 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1882
- McConnell v. Trustees of Town of LexingtonSupreme Court of the United States · 1827
- Denning v. RoomeNew York Supreme Court · 1831
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