Clinton v. . Myers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a ■judgment in favor of plaintiff entered upon the decision of the court at General Term. This action is brought to restrain defendant from opening the gate of plaintiff’s dam, and letting off the accumulated waters.
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Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a ■judgment in favor of plaintiff entered upon the decision of the court at General Term. This action is brought to restrain defendant from opening the gate of plaintiff’s dam, and letting off the accumulated waters. At the village of Laurens, the plaintiff has a cotton factory, propelled by water power derived by means of darning, _ at the factory, a stream which takes its rise in a lake át a point three and a half miles distant; and is also the owner of the land forming the boundaries of…
1Opinion of the CourtGboveb, J.
The judgment restraining the defendant, from interfering with the gate and other structures of the plaintiff at the outlet of the pond, can be sustained only in case the plaintiff has the right to maintain the dam and other structures, and thereby control the flow of the water in the manner and for the purposes found by the Special Term. It was controlled by him; and for affecting which, the structures were erected. Prom these facts it appears, that the dam and structures were erected at the outlet of a natural pond of about forty ..acres, into which one or more small streams run, having but…
2Cases cited3 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Merritt v. BrinkerhoffNew York Supreme Court · 1820
- Hoy v. SterrettSupreme Court of Pennsylvania · 1834
3Cited by39 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Colrick v. . SwinburneNew York Court of Appeals · 1887
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