Reid v. Gifford
New York Court of Chancery
THE bill stated, that the plaintiffs, for the last twenty years, had been in possession of certain mill-seats and privileges for machinery and water-works, upon the outlet of lake B., and the outlet of another lake, erected in the towns of Greenwich and, Argijle, in the county of Washington, and during all that time have had several mills thereon.
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THE bill stated, that the plaintiffs, for the last twenty years, had been in possession of certain mill-seats and privileges for machinery and water-works, upon the outlet of lake B., and the outlet of another lake, erected in the towns of Greenwich and, Argijle, in the county of Washington, and during all that time have had several mills thereon. That the defendant, in 1816, and before the first day oi August, 1817, had caused a tunnel, or subterraneous passage, to be made to the lake, and caused the water to run through that passage, and so diminished the quantity of water in the lake,…
1Opinion of the Court
The Chancellor denied tfye motion, on the ground, that the tunnel had been made, Wnd the water diverted, upwards of three years ago, and the right ought first to be settled at law. The case of Weller v. Smeaton, (1 Cox’s Cases, 102.) he said, contained a rule applicable to the case.
Motion denied.
2Cited by10 opinions
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- Tuttle v. ChurchU.S. Circuit Court for the District of Rhode Island · 1892
- Burnham v. KemptonSupreme Court of New Hampshire · 1860
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