Troup v. Hurlbut
New York Supreme Court
This was an appeal to the general term of the court, hy the plaintiff, John Irvine Troup, from a judgment entered on a verdict rendered for the defendant, John Hurlbut. The action Was brought to restrain the defendant from flowing, hy means of his mill-dam, the lands of the plaintiff; and to recover da»» ages for the injury which the plaintiff had thereby already sustained.
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This was an appeal to the general term of the court, hy the plaintiff, John Irvine Troup, from a judgment entered on a verdict rendered for the defendant, John Hurlbut. The action Was brought to restrain the defendant from flowing, hy means of his mill-dam, the lands of the plaintiff; and to recover da»» ages for the injury which the plaintiff had thereby already sustained. The plaintiff was the owner of lots Nos. 9 and 12 in Nichols’ Tract, in the county of Broome, and the defendant was in possession, as owner, of a saw-mill and the mill-dam thereof, on another lot in the said tract, known…
1Opinion of the Court
By the Court, Monson, J.
This action was commenced on the 31st of January, 1849, to recover damages for overflowing the plaintiff’s land, by reason of the defendant’s mill-dam, and was brought to trial before Mr. Justice Johnson and a jury, at the Broome circuit, on the 12th December, 1849, when a verdict was rendered for the defendant. On the trial the defendant offered in evidence, a deed from William Rogers to John Dusenbury, dated 16th October, 1817; also a deed from Rogers to Crocker, dated 18th July, 1817, and a deed from Coryell to Crocker, dated 12th of April, 1815. To which the…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by8 opinions
- Webster v. Van SteenberghNew York Supreme Court · 1864
- Freedman v. . OppenheimNew York Court of Appeals · 1907
- Trustees of Union College v. WheelerNew York Supreme Court · 1871
- Patten v. MooreSupreme Court of New Hampshire · 1855
- Baker v. ThomasNew York Supreme Court · 1891
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