Heaton v. Village of Chester — 202 N.Y. 603

Majority

p. 603

Stephen B. Heaton, Respondent, v. Village of Chester, Appellant.

Headnote

Heaton v. Village of Chester, 187 App. Div. 893 , modified.

(Argued May 19, 1911;

decided June 13, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 11,1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to restrain the defendant from interfering with the use by plaintiff of Walton lake, a source of its water supply.

A. H. F. Seeger for appellant.

R. M. Cox and Abram F. Servin for respondent.

Judgment modified in accordance with opinion in George v. Village of Chester ( 202 N. Y. 398 ), and as so modified affirmed, without costs.

Concur: Cullen, Ch. J., Gray, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ.

Cases cited

George v. Village of Chester 202 N. Y. 398 N.Y. 1911-06-13 p. 603