McCann v. Chasm Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Chasm Power Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Franklin on the 11th' day of July, 1911, upon the decision of the court, rendered after a trial before the court without a jury at the Franklin Trial Term, awarding a permanent injunction against the defendant.
1Dissent
Betts, J. (dissenting):
I dissent. The plaintiffs and the defendant are adjoining riparian owners on the Ohateaugay river, Franklin county. The plaintiffs are upstream from the defendant and own quite a large amount of land along and near to the river and along and on each side of a chasm of said river. Where the chasm stops and the land widens out into level lands the plaintiffs also own several tracts of land.
The defendant upon its premises has erected a dam so high that it floods the water of the Ohateaugay river hack upon the lands of the plaintiffs 420 feet. At the point of division on…
2Cases cited1 opinion
- Brown v. Ontario Talc Co.Appellate Division of the Supreme Court of the State of New York · 1903