Shaver v. Eldred
New York Supreme Court
Appeal from a judgment of the Cayuga County Court, upon a decision in favor of tbe plaintiff, rendered on a trial in that court, without a jury, upon an appeal from a justice’s judgment.
1Opinion of the Court
Smith, P. J.:
The plaintiff complained in the Justice’s Court that, in the year 1883, the defendant wrongfully raised the upper dam a-t the outlet of Owasco lake, and thereby flooded and injured the farm of which the plaintiff was in possession, in the Owasco valley, in Moravia, and injured his crops. The defendant pleaded, among other defenses, that the said dam was built and maintained by the State *633■of New York; that the State had the right to keep up said dam and to overflow the plaintiff’s premises, as complained of; and that the defendant, in doing the acts complained of, acted under the…
2Cases cited1 opinion
- O'Donnell v. BrownNew York Supreme Court · 1871