Waffle v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment upon a nonsuit granted at circuit. This action was brought to recover damages for an alleged interference by defendant with the flow of the waters of Little Black creek, in the town of Gates, Monroe county. Plaintiff owned a saw-mill and premises upon said creek.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment upon a nonsuit granted at circuit. This action was brought to recover damages for an alleged interference by defendant with the flow of the waters of Little Black creek, in the town of Gates, Monroe county. Plaintiff owned a saw-mill and premises upon said creek. Defendant, in order to drain off surface water from its lands lying above the plaintiff’s, dug two ditches upon its own lands, discharging…
1Opinion of the CourtGrover, J.
The evidence did not show that the ditches made by the defendant diverted water into the stream upon which the defendant’s saw-mill was situated, which had any other outlet than into such creek. Had that been proved, and that the plaintiff sustained an injury from an increased quantity flowing in the stream he would have been entitled to recover therefor. By cutting the ditches through the bluffs the water reached the stream by a shorter and more direct course than it before had done. The defendant’s ditches discharged the water into the stream nearly two miles above the plaintiff’s mill.…
2Cases cited2 opinions
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Clinton v. . MyersNew York Court of Appeals · 1871
3Cited by23 opinions
- Archer v. City of Los AngelesCalifornia Supreme Court · 1941
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Hughes v. AndersonSupreme Court of Alabama · 1880
- McCormick v. . HoranNew York Court of Appeals · 1880
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