Kerr v. Joslin
New York Supreme Court
Appeal from judgment on report of referee. Action by Robert Kerr against Merritt F. Joslin. From a judgment entered on the report of a referee, dismissing plaintiff’s complaint, with costs, plaintiff appeals. Affirmed.
1Opinion of the CourtMartin, J.
This action was in equity, to perpetually enjoin the defendant from turning the water away from the plaintiff’s mill, and from obstructing the stream below; to compel him to remove an alleged obstruction of the stream at that point; to recover damages for the use of the mill while idle by reason of the defendant’s having shut off the water necessary to operate the same; and for injury to goods in process of manufacture at the time. The plaintiff’s claimed right of recovery was based upon the allegation that the defendant had wrongfully diverted a stream of water employed by the plaintiff in…
2Cases cited6 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Atwater v. Trustees of Village of CanandaiguaNew York Court of Appeals · 1891
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3Cited by2 opinions
- American Woolen Co. v. StateNew York Court of Claims · 1925
- Northern New York Power Corp. v. StateNew York Court of Claims · 1937