Arnold v. Foot
New York Supreme Court
ERROR from the Livingston common pleas. Arnold sued Foot in a justice’s court, and declared against him for placing obstructions and thereby diverting a stream of water from its natural channel, and preventing it from flowing in and upon the plaintiff’s land, 'the defendant pleaded not guilty, and accompanied his plea with a notice that, on the trial of the cause, he would prove that the source of the waters of the stream which he had obstructed was on his own land, and that…
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ERROR from the Livingston common pleas. Arnold sued Foot in a justice’s court, and declared against him for placing obstructions and thereby diverting a stream of water from its natural channel, and preventing it from flowing in and upon the plaintiff’s land, 'the defendant pleaded not guilty, and accompanied his plea with a notice that, on the trial of the cause, he would prove that the source of the waters of the stream which he had obstructed was on his own land, and that he had obstructed the stream no further than what was necessary for the use of his cattle and' the irrigation of his…
1Opinion of the Court
By the Court,
Savage, Ch, J.
The doctrine of. the common law in respect to the use of running waters is no where better expressed than by Chancellor Kent, in his commentaries, 3 Kent, 439. Every proprietor of lands on the banks of a river has an equal right to the use of the water which flows in the stream, as, it was wont to run, without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors above or below him. He has no property in the water itself, but a simple usufruct while it passes along. He may use the water as it runs in its natural…
2Cited by30 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Lux v. HagginCalifornia Supreme Court · 1886
- Mitchell v. BainIndiana Supreme Court · 1895
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