Mumford v. Whitney
New York Supreme Court
This was an action On the case tried at the Monroe circuit, in April, 1832, before the Hon. Aüdison Gardiner, one of the circuit judges. The suit was brought for the recovery of damages for the flowing of lands, by the erection of a dam by the defendant, in the Genesee River. The plaintiff showed title to the premises, and proved the injury alleged in his declaration.
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This was an action On the case tried at the Monroe circuit, in April, 1832, before the Hon. Aüdison Gardiner, one of the circuit judges. The suit was brought for the recovery of damages for the flowing of lands, by the erection of a dam by the defendant, in the Genesee River. The plaintiff showed title to the premises, and proved the injury alleged in his declaration. The dam complained of was erected in 1826, abutting upon the land of the plaintiff and partly placed upon it. The defendant proved a parol licence from the plaintiff fór the erection of the dam, and also insisted that the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions are, l.Wheth-. er the defendant was entitled to prove his own declarations, made in the same conversation about which the plaintiff had examined the witness ; 2. Whether the copy of the agree-, mént reduced to writing, but not executed, should have been, received in evidence ; 3. Whether the witness should have been permitted to testify as to the licence being conditional 4. Whether a parol licence in this case is valid ; 5. Whether the deed to Allcott was a recognition of the dam erected by-the defendant.
1. It was said by thjs court in Fenner v.…
2Cited by83 opinions
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- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Owens v. LewisIndiana Supreme Court · 1874
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