From Casetext: Smarter Legal Research

Prescott v. Williams

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1927
221 App. Div. 822 (N.Y. App. Div. 1927)

Summary

In Prescott v. Williams, 5 Met. 429, 39 Am. Dec. 688, a case cited in Durfee v. Garvey, 78 Cal. 546, it was said: "The duty of making repairs, and the labor necessary for keeping the watercourse in a state fit for use, rests wholly upon him who claims an easement on his neighbor's land; and, as a general rule, easements impose no obligation upon those whose lands are thus placed in servitude to do anything."

Summary of this case from Bean v. Stoneman

Opinion

September, 1927.

Present — Cochrane, P.J., Van Kirk, Hinman, McCann and Whitmyer, JJ.


Motions denied.


Summaries of

Prescott v. Williams

Appellate Division of the Supreme Court of New York, Third Department
Sep 1, 1927
221 App. Div. 822 (N.Y. App. Div. 1927)

In Prescott v. Williams, 5 Met. 429, 39 Am. Dec. 688, a case cited in Durfee v. Garvey, 78 Cal. 546, it was said: "The duty of making repairs, and the labor necessary for keeping the watercourse in a state fit for use, rests wholly upon him who claims an easement on his neighbor's land; and, as a general rule, easements impose no obligation upon those whose lands are thus placed in servitude to do anything."

Summary of this case from Bean v. Stoneman
Case details for

Prescott v. Williams

Case Details

Full title:RUFUS A. PRESCOTT and Others, Appellants, Respondents, v. HERBERT D…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 1, 1927

Citations

221 App. Div. 822 (N.Y. App. Div. 1927)

Citing Cases

Durfee v. Garvey

         The defendant had a right to use his land for the ordinary purposes of pasturage (Shearman and…

Wheeler v. Wilder

Nor is this the case of a natural easement, which the owner of a mill-privilege above has in the land below,…