Moyer v. . N.Y. Cent. Hud. Riv. R.R. Co.

The plaintiff in her complaint alleged that the defendant had constructed an embankment on the north side of the Mohawk river opposite Canajoharie, and had thus narrowed the channel of the river so that in times of flood and freshets the water was thrown in large and unusual quantities upon her land lying contiguous to the river on the southerly side thereof, in consequence of which the surface of her land was washed away and the land greatly deteriorated in value.

The cause was put at issue by the answer of the defendant, and was subsequently referred and tried, and the referee found in his…