Dean v. Benn

New York Supreme Court

Dean v. Benn

23 N.Y.S. 708, 69 Hun 519, 52 N.Y. St. Rep. 844

CourtNew York Supreme Court

DecidedMay 9, 1893

StatusPublished

Cited by3 cases

This text of 23 N.Y.S. 708 (Dean v. Benn) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dean v. Benn, 23 N.Y.S. 708, 69 Hun 519, 52 N.Y. St. Rep. 844 (N.Y. Super. Ct. 1893).

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Opinion

HEBBIOK, J.

It seems to me that plaintiffs acquiesced in the erection of the dam to such a height as to cause the damage, and that such acquiescence, together with their silence at the time of the exchange of the deeds mentioned in the eighteenth finding of fact, should prevent a recovery by them. I see no occasion for another opinion. It was sufficiently discussed by Judge Tappan. See, also, Pom. Eq. Jur. §§ 816-818. All concur.

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HEBBIOK, J.

It seems to me that plaintiffs acquiesced in the erection of the dam to such a height as to cause the damage, and that such acquiescence, together with their silence at the time of the exchange of the deeds mentioned in the eighteenth finding of fact, should prevent a recovery by them. I see no occasion for another opinion. It was sufficiently discussed by Judge Tappan. See, also, Pom. Eq. Jur. §§ 816-818. All concur.

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Bluebook (online)

23 N.Y.S. 708, 69 Hun 519, 52 N.Y. St. Rep. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-benn-nysupct-1893.

Opinion

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