New York Rubber Co. v. Rothery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 11, 1885, which affirmed a judgment entered upon a verdict directed by the court. This action was brought to recover damages for the alleged diversion of the waters of a stream. The parties were owners of lands adjoining and on opposite sides of the stream.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 11, 1885, which affirmed a judgment entered upon a verdict directed by the court. This action was brought to recover damages for the alleged diversion of the waters of a stream. The parties were owners of lands adjoining and on opposite sides of the stream. Upon defendant’s premises was a factory run by water taken from the stream through a race from a pond above. The tail race of the mill, as claimed by plaintiff, returned the water diverted from the stream to it at…
1Opinion of the CourtPeckham, J.
The defendants claim two answers were made to the plaintiff’s case, each of which was fatal to a recovery herein. ’
One answer was that the use made by the defendants of the water in the stream was not unreasonable or illegal, or in any way inconsistent with the rights of the plaintiff. The defendants say that plaintiff’s lots are on the opposite side of the stream from their land, and that no machinery can be placed on the lots, to be propelled by water, as plaintiff has no land upon which to erect a dam, and there is no fall in the stream between the bridge and defendants’ tail race, so that…
2Cases cited5 opinions
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Viele v. . JudsonNew York Court of Appeals · 1880
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Town v. NeedhamNew York Court of Chancery · 1831
- Haight v. . PriceNew York Court of Appeals · 1860
3Cited by55 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Werking v. Amity Estates, Inc.New York Court of Appeals · 1956
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
- Cohen v. First National Bank of NogalesArizona Supreme Court · 1921
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