Legal Opinion
Henneky v. Stark
New York Supreme Court
Decided March 15, 1911PublishedCited by 1 opinion
Action by John Henneky, Jr., against George M. Stark for injunction to restrain flooding of land. Judgment for plaintiff.
1Opinion of the CourtSutherland, J.
An injunction should be awarded in this case restraining the defendant from flooding the land of the plaintiff 'with water set back from the dam maintained by defendant on Salmon creek in the town of Williamson. This creek runs through plaintiff’s farm. The dam is below, on land owned by the defendant, who is a farmer and dealer in ice. Formerly this dam furnished power for a sawmill, which it would appear has not been operated during the last 20 years, but the dam has been utilized for several years in the winter time by the defendant to form an ice pond, the defendant clos*763ing the sluiceway…
2Cases cited5 opinions
- Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
- Munro v. Syracuse, Lake Shore & Northern RailroadNew York Court of Appeals · 1910
- Kenner v. American Contract Co.Court of Appeals of Kentucky · 1872
- Wilklow v. LaneNew York Supreme Court · 1862
- Parmelee v. . the Oswego and Syracuse Railroad Co.New York Court of Appeals · 1851
3Cited by1 opinion
- Libbey v. Van BruggenNew Mexico Supreme Court · 1924