Bloodgood v. . Ayers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1885, which reversed, “ both upon questions of law and fact,” a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 356.) This action was brought to restrain an alleged wrongful diversion of the waters of a spring on defendants’ land from their natural channel.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 8, 1885, which reversed, “ both upon questions of law and fact,” a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. (Reported below, 31 Hun, 356.) This action was brought to restrain an alleged wrongful diversion of the waters of a spring on defendants’ land from their natural channel. The facts so far as material are stated in the opinion.
1Opinion of the CourtFinch, J.
The General Term reversed the decision of the trial court mainly npon a single proposition which was founded upon undisputed evidence. A spring or at least a reservoir of water existed upon plaintiff’s land, disclosing itself at the surface about twenty feet from the dividing line between the parties. The water from that reservoir followed depressions in the land across plaintiff’s meadow to the road. It ran in no defined channel having natural banks, but flowed over the sod almost wholly without breaking it, following the lowest levels and sometimes spreading out over an acre or more. Its…
2Cases cited5 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
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- Roath v. DriscollSupreme Court of Connecticut · 1850
- The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
- Ellis v. DuncanNew York Supreme Court · 1855
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- Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
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- County of Erie v. . FridenbergNew York Court of Appeals · 1917
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