Paine v. . Chandler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. . This action was brought to compel, and the judgment appealed from directed the restoration to certain water pipes of the waters of a spring on defendant’s farm so that it would flow as it had theretofore done to the…
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department entered upon an order made October 23, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. . This action was brought to compel, and the judgment appealed from directed the restoration to certain water pipes of the waters of a spring on defendant’s farm so that it would flow as it had theretofore done to the plaintiff’s premises, the complaint also asked and the judgment awarded, damages for the diversion of the water, and in case the…
1Opinion of the CourtBrown, J.
The judgment in this action rests upon the rule of Lampman v. Milks (21 N. Y. 505), that when the owner of land sells a part thereof he impliedly grants to the grantee all those apparent and visible easements which are necessary for the reasonable use of the property granted and which are at the time of the grant used by the owner of the entirety for the benefit of the part granted.
The learned counsel for the appellant does not attack the principle, but his contention is that the easement involved in this controversy is of the class known as discontinuous and such an easement passes by…
2Cases cited11 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Buss v. DyerMassachusetts Supreme Judicial Court · 1878
- Curtiss v. . AyraultNew York Court of Appeals · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Lewis v. YoungNew York Court of Appeals · 1998
- Morris v. BluntUtah Supreme Court · 1916
- Wiesel v. SmiraSupreme Court of Rhode Island · 1928
- Larue v. Greene County BankTennessee Supreme Court · 1942
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
60 more not listed; retrieve them via the Exa API.