Cronkhite v. . Cronkhite
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made December 30, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to restrain defendant from obstructing or interfering with certain pipes by which water from a spring upon defendant’s lands was conveyed to the buildings upon the lands of plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made December 30, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to restrain defendant from obstructing or interfering with certain pipes by which water from a spring upon defendant’s lands was conveyed to the buildings upon the lands of plaintiff. The facts, so far as material, are stated in the opinion. The old maxim, secundum allegata et probata, has never been so far departed from as to allow a party…
1Opinion of the CourtMiller, J.
The referee, before whom this action was tried, found that, in or about 1832, Henry C. Cronkhite (plaintiff’s father) and John C. Cronkhite (defendant’s father), who owned adjoining farms, entered into a contract or agreement whereby they agreed to lay down logs or pipes upon the lands of John 0. Cronkhite to carry water from a spring upon his farm to his buildings for his use, and from thence to the buildings of Henry C. Cronkhite for his use; and that it was agreed that Henry C. Cronkhite should bear one-half the expense, and perform half the labor of procuring and laying down the logs and…
2Cases cited2 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
3Cited by38 opinions
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Parish v. KaspareIndiana Supreme Court · 1887
- Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
- Pifer v. BrownWest Virginia Supreme Court · 1897
- Taylor v. . MillardNew York Court of Appeals · 1890
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