Fischer v. Trustees of Clifton Springs

Appellate Division of the Supreme Court of New York

Fischer v. Trustees of Clifton Springs

140 A.D. 918

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1910·Published·Cited by 1 cases

Opinion

Judgment affirmed, with costs. All concurred, except Kruse, J., . who dissented upon the ground that what the plaintiff did in diverting the waters of the stream while acting as water commissioner for the village does, not preclude him from asserting and enforcing the right which he subsequently-acquired under his deed of conveyance to have the waters of; the stream run in the original channel across the lands in question, and except Robson, J., not f voting.

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Judgment affirmed, with costs. All concurred, except Kruse, J., . who dissented upon the ground that what the plaintiff did in diverting the waters of the stream while acting as water commissioner for the village does, not preclude him from asserting and enforcing the right which he subsequently-acquired under his deed of conveyance to have the waters of; the stream run in the original channel across the lands in question, and except Robson, J., not f voting.

Fischer v. Trustees of Clifton Springs, 140 A.D. 918 (N.Y. Ct. App. 1910).

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Opinion

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