Village of Monroe v. Benjamin

New York Court of Appeals

Village of Monroe v. Benjamin

181 N.E. 581, 259 N.Y. 305, 1932 N.Y. LEXIS 942

DecidedJune 2, 1932

StatusPublished

This text of 181 N.E. 581 (Village of Monroe v. Benjamin) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Village of Monroe v. Benjamin, 181 N.E. 581, 259 N.Y. 305, 1932 N.Y. LEXIS 942 (N.Y. 1932).

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Opinion

Per Curiam.

Our decision must not be taken as an approval of finding 21 of the trial justice, that Peter Townsend and his successors have the right to flow back and drown the land by the waters of Mombasha lake by reason of a succession of raises in the height of the dam. We leave this question open.

The judgment in each action should be affirmed, with costs.

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur.

Judgments affirmed.

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Per Curiam.

Our decision must not be taken as an approval of finding 21 of the trial justice, that Peter Townsend and his successors have the right to flow back and drown the land by the waters of Mombasha lake by reason of a succession of raises in the height of the dam. We leave this question open.

The judgment in each action should be affirmed, with costs.

Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ., concur.

Judgments affirmed.

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Bluebook (online)

181 N.E. 581, 259 N.Y. 305, 1932 N.Y. LEXIS 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-monroe-v-benjamin-ny-1932.