Samuels v. Armstrong
New York Supreme Court
Action to recover damages for the diversion of the waters of a stream and for an injunction. The opinion states the case.
1Opinion of the CourtForbes, J.
This is an action to restrain the diversion of water from a natural stream, known as the Tremperskill, located near Andes, in the county of Delaware.
Aside from the fact of the amount of water which could be and was taken from the stream, through the outlet, there is very little dispute upon any question of fact.
The plaintiff and the defendant owned farms adjoining. North of the plaintiff’s division line, the Tremperskill runs entirely through the land of the defendant down to the plaintiff’s line, at which point the entire creek bears slightly westerly and runs wholly upon the plaintiff’s…
2Cases cited9 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Amsterdam Knitting Co. v. . DeanNew York Court of Appeals · 1900
- State v. PottmeyerIndiana Supreme Court · 1870
- Western Union Telegraph Co. v. Electric Light & Power Co.New York Court of Appeals · 1904
- Townsend v. . BellNew York Court of Appeals · 1901
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