Carthage Tissue Paper Mills v. Village of Carthage
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 31, 1908, affirming a judgment in favor of respondents herein entered upon the report of a referee. Early in the history of the state, Le Nay de Chaumont became tbe owner by letters patent of a large tract of land in the county of Jefferson, including the site where the village of Carthage now stands.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 31, 1908, affirming a judgment in favor of respondents herein entered upon the report of a referee. Early in the history of the state, Le Nay de Chaumont became tbe owner by letters patent of a large tract of land in the county of Jefferson, including the site where the village of Carthage now stands. At this point on the Black river there was an extensive water power which the owner wished to develop in order to increase the value of his lands and enable him to put them on…
1Opinion of the CourtVann, J.
No question is raised as to the admeasurement of the water by the learned referee, who discharged that difficult duty with such industry and skill as to make his judgment in that regard, at least, of lasting value to the parties and their successors in interest for all time to come.
The Carthage Electric Light & Power Company, the appellant, however, is not satisfied with the judgment of the referee upon the questions raised as to priority in the right to use water and as to the alleged restrictions of the use to particular purposes. It claims that the first, or blast furnace property, was…
2Cases cited5 opinions
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
- Groat v. . MoakNew York Court of Appeals · 1883
- Cromwell v. . SeldenNew York Court of Appeals · 1850
- Hall v. Sterling Iron & Railway Co.New York Court of Appeals · 1896
3Cited by61 opinions
- Warner-Lambert Pharmaceutical Co. v. John J. Reynolds, Inc.District Court, S.D. New York · 1959
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- Norton v. HallSupreme Court of Arkansas · 1921
- Murphy v. Rochester Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Morehouse v. . WoodruffNew York Court of Appeals · 1916
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