Gouverneur v. National Ice Co.
New York Supreme Court
Appeal from special term, Putnam county. Two actions by Mary M. Gouverneur and others against the National Ice Company in assertion of their right and title to the premises in question, which may be generally described as the lands under water and the water of Croton lake or Hinckley pond in Putnam county, a natural pond or lake about half a mile long, and a little less than a quarter of a mile wide, in its broadest part, oval in shape, and covering somewhat over 45 acres.
Read the full summary
Appeal from special term, Putnam county. Two actions by Mary M. Gouverneur and others against the National Ice Company in assertion of their right and title to the premises in question, which may be generally described as the lands under water and the water of Croton lake or Hinckley pond in Putnam county, a natural pond or lake about half a mile long, and a little less than a quarter of a mile wide, in its broadest part, oval in shape, and covering somewhat over 45 acres. The bed of the lake is shaped like the bowl of a spoon, deepest in the middle, where it is about 16 feet deep, and…
1Opinion of the CourtDykman, J.
The defendant claims the right to Hinckley pond, and has appropriated the same to its own use for thepurpose of gathering ice from its surface for commercial purposes, and two actions have been commenced against it by the plaintiffs, one for the recovery of the premises, and the other for the recovery of damages for their unlawful invasion. The pond is a small natural lake bounded on the east and west by mountains, and on the north and south by very low swamps. It is fed by two streams from the *89south, one of which is a little brook at the south-west corner that empties into the swamp, and…
2Cases cited12 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Pearsall v. PostNew York Supreme Court · 1838
- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Burton v. HollandCourt of Appeals of Texas · 1925