Scanlon v. Stevens — 241 N.Y. 557

Majority

p. 557

David Scanlon, Respondent, v. Bing S. Stevens, Individually and as Executor of Elbert E. Stevens, Deceased, et al., Appellants.

Headnote

Trespass — flooding of lands by maintenance of dam at outlet of lake.

Scanlon v. Stevens, 211 App. Div. 833 , affirmed.

(Argued October 20, 1925;

decided November 24, 1925.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 558

entered November 20, 1924, affirming a judgment in favor of plaintiff entered upon a verdict. The action was in trespass to recover damages for the alleged flooding of plaintiff’s lands at the head of Lake Bonaparte in the town of Diana, alleged to have- been caused by the maintainance by the defendants of a dam across the outlet of Lake Bonaparte thereby impounding the waters of the lake and causing the water to rise to such a height that the lands of the plaintiff were overflowed and the damages alleged in the complaint sustained. The answer admitted the existence of the dam in question but denied that damage was caused by any act of the defendants in maintaining said dam and impounding the waters in said lake. It further alleged prescriptive rights to impound the waters in said lake to the height to .which they were raised.

Thomas Burns, A. F. Mills and Fred K. Felshaw for appellants.

W. A. Porter for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.