General

Isaac E. Smith, Appellant, v. The Village of Fort Plain, Respondent

188 N.Y. 609·New York Court of Appeals·1907·NY

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Opinion

Isaac E. Smith, Appellant, v. The Village of Fort Plain, Respondent. (Argued April 18, 1907; decided May 7, 1907.) Smith v. Village of Fort Plain, 112 App. Div. 907, affirmed. Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 21, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to restrain the diversion of the waters of a stream and for damages. Andrew J. Nellis for appellant. Joseph I. Moore and II. M. Eldredge for respondent. [MAJORITY] Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.