Majority
p. 531The People of the State of New York, Respondent, v. The Brooklyn Cooperage Company, Appellant, Impleaded with Another. (Argued February 26, 1912; decided March 19, 1912.)
Headnote
People v. Brooklyn Cooperage Co., 147 App. Div. 267 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 24, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to obtain possession of a certain tract of forest land and to restrain the defendant from cutting or removing timber therefrom.
D-Cady Herrick and James M. Beck for appellant.
Thomas Carmody, Attorney-General (John G. Agar, James F. Tracey and J. A. Kellogg of counsel), for respondent.
Edward W. Hatch and Mynderse Van Cleef for Cornell University, defendant.
Judgment affirmed, with costs, on the authority of our former decision in this case ( 187 N. Y. 142 ).
Concur: Gray, Haight, Werner and Chase, JJ. Willard Bartlett, J., votes for modification in accordance with the dissenting opinion of Kellogg, J., below. Dissenting: Cullen, Oh. J., and Collin, J.
Cases cited
- Miller v. Clary 147 App. Div. 267 p. 531
- People v. Brooklyn Cooperage Co. 187 N. Y. 142 p. 531