Loomis v. Loewenheim
Appellate Division of the Supreme Court of the State of New York
•Sepabate. appeals .by the defendants, Ignatz N.. Loewenheim and others, from a judgment of the Supreme. Court in favor of the . plaintiff, entered in the' office of the clerk of the county of- Herkimer eg fhe 1st day of December, 1904, upon the decision of the ' court, rendered after a trial at the Herkimer Special Term, awarding separate recoveries from certain of the defendants, and adjudging said recoveries to he liens upon certain parcels of real property, and directing…
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•Sepabate. appeals .by the defendants, Ignatz N.. Loewenheim and others, from a judgment of the Supreme. Court in favor of the . plaintiff, entered in the' office of the clerk of the county of- Herkimer eg fhe 1st day of December, 1904, upon the decision of the ' court, rendered after a trial at the Herkimer Special Term, awarding separate recoveries from certain of the defendants, and adjudging said recoveries to he liens upon certain parcels of real property, and directing a sale thereof to satisfy the several amounts declared to be chargeable thereon. ' '
1Opinion of the Court
Robson, J.:
Appellant^ and respondent own rights in the waters of Mohawk River, appurtenant to premises within the limits of the city-of Little Falls, severally owned by them or in which they have separate interests. The serviceable value of these rights is practically dependent upon the maintenance in that stream of a dam, with suitable bulkheads, canals and waterways in connection therewith. There are other owners of similar water rights whose interests are not now presented for adjudication, but they will be to some extent necessarily referred to hereafter in considering the rights of the…
2Cases cited3 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- Rindge v. . BakerNew York Court of Appeals · 1874
- Webb v. LairdSupreme Court of Vermont · 1886