New York Court of Appeals

Loch Sheldrake Associates, Inc., Appellant v. Gussie Evans, Respondent

February 25, 1954306 N.Y. 297

Summary

The Court of Appeals affirmed the lower court's judgment restraining the defendant from drawing water from Loch Sheldrake except for mill purposes, despite concluding that the 1919 reservation gave the defendant a broad profit interest. The dissent argued that the reservation should be read in favor of the plaintiff and not grant exclusive rights to the defendant.