Hall v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank, A. Hall, from a' judgment .of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 15th day of June, -1909, upon the decision of the court, rendered after a trial at the_ Orange Special Term, dismissing the complaint. During the pendency of the action George E. Conklin died, and Michael 1ST. Kane and A. Y. D. Wallace were appointed his executors: •
1Opinion of the Court
Jenks, J.:
This is an action for an injunction upon the maintenance of a dam, built in 1906 by the defendant across a stream running through land occupied by him, for the reason that it arrests the free flow of a stream from Mount Basha lake over that land to and over the plaintiff’s land below, and distant four miles from the lake. The *451plaintiff has a factory on the land wherein he uses water power. The plaintiff contends that the defendant is deprived of the usual riparian rights perforce of a certain grant made to plaintiff’s predecessors in 1811. The grantor was Peter Townsend, and the…
2Cases cited10 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- The People v. . SnyderNew York Court of Appeals · 1869
- Burr v. MillsNew York Supreme Court · 1839
- Varick's executors v. BriggsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1899
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