Mudge v. . Salisbury
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered on an order made January 13, 1885, which affirmed a judgment in favor of plaintiff ordered by the court on trial at Special Term. This action was brought to restrain defendants from interfering with plaintiff’s alleged priority of right to the waters of a stream, and to recover damages for interference with said water rights.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered on an order made January 13, 1885, which affirmed a judgment in favor of plaintiff ordered by the court on trial at Special Term. This action was brought to restrain defendants from interfering with plaintiff’s alleged priority of right to the waters of a stream, and to recover damages for interference with said water rights. The material facts are stated in the opinion. Plaintiffs, grantors of the claimed water privileges, were tenants in common with Sutton and others, and could not…
1Opinion of the CourtGray, J.
It was found by the trial judge that the plaintiff, Ebenezer Mudge, in 1866, became the owner in fee of about one acre of land, on which the grist-mill stands, “ together with the grist-mill privilege, being the first on the stream, for two run of stone, with the necessary apparatus for the same.” This finding was supported by the record evidence of the plaintiffs’ title, and the deed, under which defendants held the title to their premises, contained the provision as to the use of the water for their factory, that “ the water was not to be used for said factory to the damage of the…
2Cases cited2 opinions
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
- Cromwell v. . SeldenNew York Court of Appeals · 1850
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- Hoag v. PlaceMichigan Supreme Court · 1892
- Henderson Estate Co. v. Carroll Electric Co.Appellate Division of the Supreme Court of the State of New York · 1906
- New York Cement Co. v. Consolidated Rosendale Cement Co.New York Court of Appeals · 1904
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