Schwarzenbach v. Oneonta Light & Power Co. — 207 N.Y. 671

Majority

p. 671

Arthur Schwarzenbach, Appellant, v. Oneonta Light and Power Company, Respondent.

Headnote

Schwarzenbach v. Oneonta Light & Power Co., 144 App. Div. 884 , modified.

(Argued December 18, 1912;

decided December 31, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17, 1911, modifying and affirming, as modi

p. 672

fied, 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 flooding plaintiff’s lands and for damages.

Alva Seybolt for appellant.

J. F. Thompson for respondent.

Judgment of Appellate Division modified so as to suspend operation of injunction until January 1, 1914, and as modified affirmed, with costs in this court to appellant; no opinion.

Concur: Cullen, Ch. J., Gray, Hiscock, Chase and Collin, JJ. Willard Bartlett, J., dissents from suspension of injunction for any time. Absent: Werner, J.