Deuterman v. Gainsborg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles Deuterman and others, as executors, etc., of Charles Deuterman, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of "Westchester on the 23d day of December, 1895, upon the decision- of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Cullen, J.:
The plaintiffs, claiming to own a mill dam, mill seat and mill pond, including the lands under the water of the pond, brought this action to restrain the defendant Gainsborg, the owner of land abutting the pond, from emptying sand, muck or obnoxious matter into the pond, and to recover damages. The defendant answered, deny-' ing title in the plaintiffs to the easterly half of the lands under' the lake or pond, and also denying that the defendant had interfered with the plaintiffs’ water rights or privileges. The defendant -prayed for an affirmative judgment establishing the…
2Cases cited2 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Nostrand v. DurlandNew York Supreme Court · 1856
3Cited by12 opinions
- Inhabitants of Lynnfield v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1914
- Calkins v. . HartNew York Court of Appeals · 1916
- Hazleton v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897
- Clark v. DurlandAppellate Division of the Supreme Court of the State of New York · 1898
- Calkins v. HartNew York Supreme Court · 1909
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