Curtiss v. . Ayrault
New York Court of Appeals
Appeal from judgment of an order of the General Term of the Supreme Court in the seventh judicial district, denying motion for new trial and directing judgment upon verdict for defendant. This was an action to recover damages for an interference with the plaintiff’s alleged right to the waters of a stream or water-course, stated in the complaint to be a natural stream.
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Appeal from judgment of an order of the General Term of the Supreme Court in the seventh judicial district, denying motion for new trial and directing judgment upon verdict for defendant. This was an action to recover damages for an interference with the plaintiff’s alleged right to the waters of a stream or water-course, stated in the complaint to be a natural stream. On the 13th day of January, 1849, and for many years prior thereto, one Hewbold owned, and was in possession of a tract of farming land in the town of Caledonia, between the Genesee river and the Genesee Talley canal, on the…
1Opinion of the CourtFolger, J.
We have examined with care the testimony in this ease, particularly those portions of it to which we are pointed by the brief of the appellant, and which he claims show the existence in former days of a natural stream. We are of the opinion that the jury would not have been warranted in finding, that there was ever a natural stream running from the mouth of Indian creek or from the marsh, into the cove. There are some expressions which might indicate this, if they were detached from the mass of the testimony and considered alone. But the strong force and preponderance of it all is, that only…
2Cases cited1 opinion
- Lampman v. . MilksNew York Court of Appeals · 1860
3Cited by31 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Case v. HoffmanWisconsin Supreme Court · 1898
- Simmons v. . CloonanNew York Court of Appeals · 1880
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