Spink v. Corning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna Corning, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 28th day of November, 1900, upon the decision of the court rendered after a trial at the Monroe Special Term, certain issues having been submitted to a jury, and also from two orders made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 6th day of December,…
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Appeal by the defendant, Anna Corning, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 28th day of November, 1900, upon the decision of the court rendered after a trial at the Monroe Special Term, certain issues having been submitted to a jury, and also from two orders made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 6th day of December, 1900, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to obtain a mandatory…
1Opinion of the Court
Laughlin, J.:
For more than fifty years, and as far back as the recollection of the oldest inhabitants extends, and before the hand of man had done anything to affect the drainage in this locality, the stream ran continuously, except for a few months in very dry seasons, through the premises now owned by the respective parties to this litigation, in the channel which defendant has obstructed, draining a very large watershed, and supplied by living springs. This constituted a natural watercourse which defendant Corning, as owner of the servient estate,, was obligated to keep free and…
2Cases cited9 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Vannest v. FlemingSupreme Court of Iowa · 1890
- Newman v. . NellisNew York Court of Appeals · 1884
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Wharton v. StevensSupreme Court of Iowa · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
- Zidel v. StateNew York Court of Claims · 1949
- Hentz v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1903
- In re Taxpayers of the Twenty-Third WardNew York Supreme Court · 1930
- Kommer v. DalyAppellate Division of the Supreme Court of the State of New York · 1905
3 more not listed; retrieve them via the Exa API.