Curtis v. Keesler
New York Supreme Court
The complaint in this action alledged and set forth that the plaintiffs were the owners of certain real estate in Oochecton, Sullivan county, described as in division lot ISTo. 60, in great lot lío. 1 of the Hardenburgh patent, containing about 650 acres; that a stream of water called and known as the Callikoon creek, ran through the said land for about one mile ; that on the said premises they had recently constructed a dam across the creek, at large expense, and in…
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The complaint in this action alledged and set forth that the plaintiffs were the owners of certain real estate in Oochecton, Sullivan county, described as in division lot ISTo. 60, in great lot lío. 1 of the Hardenburgh patent, containing about 650 acres; that a stream of water called and known as the Callikoon creek, ran through the said land for about one mile ; that on the said premises they had recently constructed a dam across the creek, at large expense, and in connection with the dam they had and owned a saw-mill, which was furnished with water to propel its machinery from the pond…
1Opinion of the CourtWright, J.
It is not denied that the plaintiffs are the owners of the land on both sides, and over which the waters of the Callikoon creek flow. They have a saw-mill and an expensive and valuable dam upon those lands. The proof shows that the floating of rafts, or timber or logs down the creek, and over the dam into the Delaware river, would result in great injury to the dam, and probably cause its destruction; thus injuring the plaintiffs by interrupting their business at the mill. The defendant has cut and drawn to the bank of the creek, about one mile above the dam, and on the lands of one Grarhart,…
2Cases cited4 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Abbott v. MillsSupreme Court of Vermont · 1831
- Munson v. HungerfordNew York Supreme Court · 1849
3Cited by12 opinions
- Buntin v. City of DanvilleSupreme Court of Virginia · 1896
- Ward v. . WarrenNew York Court of Appeals · 1880
- Gaston v. MaceWest Virginia Supreme Court · 1889
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- Johnson v. LewisSupreme Court of Arkansas · 1885
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