Arthur v. Case & Harwood
New York Court of Chancery
The complainants are the owners of certain mills and mill privileges on the lower falls at Ticonderoga, on the north side of the outlet of Lake George; and the defendants own mills and mill privileges on the south side of the same stream. There is an island in the middle of the outlet, and the main current of the stream naturally runs on the north side of the island.
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The complainants are the owners of certain mills and mill privileges on the lower falls at Ticonderoga, on the north side of the outlet of Lake George; and the defendants own mills and mill privileges on the south side of the same stream. There is an island in the middle of the outlet, and the main current of the stream naturally runs on the north side of the island. A dam is at present extended from the island to the south shore, on which the defendants’ mills are situate; and a similar dam runs from the island to the north shore, by means of which the complainants’ mills are supplied with…
1Opinion of the Court
*The Chancellor:—There is no doubt of the jurisdiction of the court in this case, as the new dam would in a great measure destroy the complainants’ valuable mins which have been in operation many years. The regulation of the use of water upon the different sides of a stream for hydraulic purposes, is so essential to the manufacturing interests of our country, and in fact to every branch of domestic industry, that it would be deplorable if any of these important establishments could be destroyed by any individual, or combination of persons, and the owners left to seek an uncertain remedy by an…
2Cited by11 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Norris v. HillMichigan Supreme Court · 1849
- Tracy Development Co. v. . BeckerNew York Court of Appeals · 1914
- Patten Paper Co. v. Kaukauna Water-Power Co.Wisconsin Supreme Court · 1888
- Warren v. Westbrook Manufacturing Co.Supreme Judicial Court of Maine · 1895
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