Stebbins v. Frisbie & Stansfield Knitting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edwin Allen Stebbins and others, from so much of a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oswego on the 20th day of November, 1918, upon the report of a referee appointed to hear and determine the issues, as dismisses the complaint. Appeal by the defendant, Frisbie & Stansfield Knitting Company, from so much of said judgment as dismisses the counterclaim upon the merits.
1Opinion of the Court
Sears, J.:
This action was brought for an injunction to restrain the defendant from using water for hydraulic purposes in excess of a given amount, and for damages for the use of water beyond such amount before the commencement of the action. The defendant demanded damages by way of counterclaim for a negligent failure at times to supply water up to such amount. The learned referee before whom the'issues were tried dismissed both the plaintiffs’ complaint and the defendant’s counterclaim. The plaintiffs claim to be the owners of the Varick canal and of the right to use its water, subject to…
2Cases cited7 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- De Camp v. . BullardNew York Court of Appeals · 1899
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Townsend v. . McDonaldNew York Court of Appeals · 1855
- Bunke v. . New York Telephone CompanyNew York Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rusciano & Son Corp. v. StateNew York Court of Claims · 1952
- James Frazee Milling Co. v. StateNew York Court of Claims · 1924
- West St. Auto Service, Inc. v. SchmidtAppellate Division of the Supreme Court of the State of New York · 1966
- Reservoir Estates, Inc. v. PaulusNew York Supreme Court · 1965
- Garden Hill Estates, Inc. v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1965
3 more not listed; retrieve them via the Exa API.