Belknap v. Trimble
New York Court of Chancery
This was an appeal from a decree of the late equity court of the second circuit. The respondents are the separate owners of several mills, and milling establishments, situate upon a stream of water called the Quassaick creek; it being the outlet of the Great Pond in the county of Orange.
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This was an appeal from a decree of the late equity court of the second circuit. The respondents are the separate owners of several mills, and milling establishments, situate upon a stream of water called the Quassaick creek; it being the outlet of the Great Pond in the county of Orange. They filed their bill in the court below, against the appellant, to establish their right to certain artificial works at the head of the stream, by which works the surplus waters of the pond were retained, for the use of the mills below, until the dry season commenced, and were then let out in such quantities…
1Opinion of the Court
The Chancellor.
If the circuit judge was correct in the conclusion at which he arrived as to the rights of these parties, there can be no reasonable doubt that this was a proper case for the interference of a court of equity to protect those rights. The complainants and those under whom they claimed were, and for a long time had been the owners of several very valuable mills, which depended upon the waters of the Great Pond for support a considerable portion of the year. They had also for a long period of time enjoyed the use of the water in a particular manner; and upon which use the…
2Cited by40 opinions
- Kray v. MuggliSupreme Court of Minnesota · 1901
- Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
- Beidler v. Sanitary DistrictIllinois Supreme Court · 1904
- Mathewson v. HoffmanMichigan Supreme Court · 1889
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
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