Thornton v. City of Auburn — 187 N.Y. 549

Majority

p. 549

Edwin L. Thornton, Respondent, v. The City of Auburn, Appellant.

Headnote

Thornton v. City of Auburn, 107 App. Div. 621 , affirmed.

(Argued January 15, 1907;

decided February 1, 1907.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19,1905, affirming a judgment in favor of plaintiff entered upon

p. 550

a decision of the court on trial at Special Term in an action • to recover for the alleged diversion of water from a stream flowing across plaintiff’s land.

William S. Elder for appellant.

Charles F. Lyon for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Werner and Chase, JJ. Not sitting: Hiscock, J.