Babcock v. Utter
New York Court of Appeals
This action was commenced by the plaintiffs in the Supreme Court in equity, in September, 1847, to have their right to a stream of water declared and established; to obtain a perpetual injunction against the diversion of the stream from their factory, and to recover damages for previous diversions.
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This action was commenced by the plaintiffs in the Supreme Court in equity, in September, 1847, to have their right to a stream of water declared and established; to obtain a perpetual injunction against the diversion of the stream from their factory, and to recover damages for previous diversions. The facts appearing from the pleadings and the report of the referee before whom the cause was tried, so far as they have any material bearing upon the questions presented on the present appeal, are substantially as follows: On and prior to April 1, 1820, William Utter, one of the defendants, was…
1Opinion of the CourtSeldex, J.
• The first question presented by this case is, what were the rights of William Utter in this water-power, when he executed the mortgage of the eleven acres to Johnson, in August, 1831 ? It is in effect declared by the judgment, that the construction by the plaintiff of the dam and the canal in pursuance of the license of Henry Clarke and Thier Johnson, the construction of his mills on the eleven acres, and putting his machinery therein in operation by water drawn from the river by means of such dam and canal, gave to him, as against said Clark and Johnson and persons claiming under them, a…
2Cases cited21 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
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3Cited by11 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- Nye v. . HoyleNew York Court of Appeals · 1890
- Cameron v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
- Murdock v. Prospect Park & Coney Island RailroadNew York Court of Appeals · 1878
- Lawson v. MowryWisconsin Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.