Hall v. . Augsbury
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiff, entered upon the' report of a referee. The action is brought to restrain defendants, from placing flush boards upon a dam known as the prison dam across the Owasco river, wMch plaintiffs alleged set back water upon their premises above.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiff, entered upon the' report of a referee. The action is brought to restrain defendants, from placing flush boards upon a dam known as the prison dam across the Owasco river, wMch plaintiffs alleged set back water upon their premises above. The plaintiffs are the owners and occupants of a flouring and grist mill on the Owasco river, in the city of Auburn, which mill was erected in 1865. The defendant, Morgan Augsbury, was the agent and warden of the Auburn…
1Opinion of the CourtPeokham, J.
This suit was properly instituted in equity to settle the rights of the parties in the use of the water in the Owasco river; and the judgment therein is, in the main, sustained by the findings and by the law. Yet manifest, injustice is done to the defendants, or to the State, if they represent the State in one respect. The judgment perpetually enjoins the defendants from putting, or allowing to be put, “ any flush boards or fixture of any Mnd whatever upon the dam which crosses the Owasco river below State street bridge, in the city of Auburn, called the State prison dam; and from in…
2Cases cited2 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Belknap v. TrimbleNew York Court of Chancery · 1831
3Cited by7 opinions
- Henry Ford & Son, Inc. v. Little Falls Fibre Co.Supreme Court of the United States · 1930
- Ely v. . State of New YorkNew York Court of Appeals · 1910
- National Fibre Board Co. v. Lewiston & Auburn Electric Light Co.Supreme Judicial Court of Maine · 1901
- Reese v. StateNew York Court of Claims · 1947
- Douglas v. HoyNew York Supreme Court · 1888
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