Gilzinger v. Saugerties Water Co.
New York Supreme Court
Appeal from circuit court, Albany county. Action by Sebastian Gilzinger against the Saugerties Water Company to restrain defendant from interfering with a water course running through plaintiff’s premises, and for damages. From a judgment entered on the findings of the court approving the verdict of a jury in plaintiff’s favor, and from the order of the court denying defendant’s motion to set aside the verdict and for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
The plaintiff is a mill owner with a water power situate on Plattskill, a nonnavigable stream of water running through plaintiff’s premises. The defendant is a corporation, under contract to furnish water to the village of Saugerties to the maximum quantity of 1,500,000 gallons daily, drawing its water supply from the Plattskill at a point about five mileá up the stream from plaintiff’s premises, and thus diverting the amount of water, so taken by the defendant from its natural and usual channel or course, away from the plaintiff’s premises and water power, and depriving plaintiff of the use…
2Cases cited4 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Palmer v. MulliganNew York Supreme Court · 1805
- Garwood v. N. Y. Central & Hudson R. R. R. Co.New York Court of Appeals · 1881
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1892
3Cited by9 opinions
- Gallagher v. Kingston Water Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Pine v. Mayor of New YorkU.S. Circuit Court for the District of Southern New York · 1900
- Loranger v. City of FlintMichigan Supreme Court · 1915
- Clear Creek Water Co. v. Gladeville Improvement Co.Supreme Court of Virginia · 1907
- Hartzell v. Village of HamburgNew York Supreme Court · 1935
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