Hinckel v. Stevens
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jennie B. Stevens, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 17th day of December, 1897, upon the decision of the court rendered after a trial before the court without a jury at the Albany Trial Term.
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Appeal by the defendant, Jennie B. Stevens, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 17th day of December, 1897, upon the decision of the court rendered after a trial before the court without a jury at the Albany Trial Term. The action is to restrain the defendant from interfering 'with the plaintiff’s taking of ice from the Normanskill, in front of her premises, and to forever enjoin her from entering thereon and taking ice therefrom. The trial court found for the plaintiff, and a judgment to the above…
1Opinion of the Court
Parker, P. J.:
It is clear that the paper title to the bed of the creek in question was in the plaintiff. Upon this appeal that fact is not seriously controverted. I also concur with the trial judge, that no title thereto by adverse user has been established by the defendant.
The defendant, therefore, has not justified her acts in entering upon the creek, when frozen over, and excluding the plaintiff and his servants from cutting ice thereon.
But the defendant claims that, even though she has established no title to the bed of the creek, and no right to utterly exclude the plaintiff from taking…
2Cases cited9 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Sherman v. . KaneNew York Court of Appeals · 1881
- Ward v. . WarrenNew York Court of Appeals · 1880
- Pierce v. . KeatorNew York Court of Appeals · 1877
- Huntington v. . AsherNew York Court of Appeals · 1884
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3Cited by2 opinions
- Winne v. WinneAppellate Division of the Supreme Court of the State of New York · 1904
- Winne v. WinneNew York Supreme Court · 1903