Crooker v. Bragg
New York Supreme Court
Error from the Delaware common pleas. Crooker sued Bragg for taking away a dam erected by Crooker in the Susquebannah river, for (he purpose of turning a portion of the stream towards his mills.
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Error from the Delaware common pleas. Crooker sued Bragg for taking away a dam erected by Crooker in the Susquebannah river, for (he purpose of turning a portion of the stream towards his mills. The plaintiff’s mills-are on the east side of the river, and the defendant has mills on the west side ; about 100 rods above the dams of the respective parties, which are nearly opposite to each other, the river is divided into two branches bjr an island which extends below the dams; three fourths of the water running in the west branch, and about one fourth in the east branch.- The dams of the…
1Opinion of the Court
Sy the Court,
Nelson, J.
An attempt was made on the trial in the court below, to show that the plaintiff and those under whom he claimed had acquired a right by prescription to maintain the dam in question. The weight of evidence I think was against the right, but whether so or not, the question was submitted to the jury and they have found against the plaintiff.
The principal ground urged for the reversal of the judgment is, that the common pleas erred in rejecting the testimony offered by the plaintiff. I am of opinion this testimony was properly rejected. The defendant was entitled to all the…
2Cases cited1 opinion
- Palmer v. MulliganNew York Supreme Court · 1805
3Cited by21 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Vansickle v. HainesNevada Supreme Court · 1872
- People v. HulbertMichigan Supreme Court · 1902
- Stein v. BurdenSupreme Court of Alabama · 1854
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