Waffle v. New York Central Railroad
New York Supreme Court
MOTION by the plaintiff, for a new trial, upon a case and exceptions. The action was brought to recover damages for an alleged disturbance of certain water rights of the plaintiff. } The complaint alleged that the plaintiff owned a saw-mill / on Little Black Creek, in the town of Gates, in the county of Monroe, and that the defendant interfered with and diverted the water, of the stream from its course, by unlawfully making two ditches, one on each side of its track, .xby…
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MOTION by the plaintiff, for a new trial, upon a case and exceptions. The action was brought to recover damages for an alleged disturbance of certain water rights of the plaintiff. } The complaint alleged that the plaintiff owned a saw-mill / on Little Black Creek, in the town of Gates, in the county of Monroe, and that the defendant interfered with and diverted the water, of the stream from its course, by unlawfully making two ditches, one on each side of its track, .xby means of which the water was diverted from the mill. The complaint then proceeds to allege that in times of high water…
1Opinion of the Court
By the Court, Johnson, J.
There is no dispute about the facts in this case. The plaintiff’s saw-mill is upon a small ¡ stream, nearly two miles below the point where the- defendant’s road crosses such stream. At that point the 1 land is naturally low and marshy, and the defendants, in constructing their road, raised the bed thereof above the ■natural surface of the land, by excavations on each side, ■ which made ditches, by means of which the surface water 1 of this low, marshy land, was for a considerable distance ' drawn off, and passed into this stream on each side of the road bed, where…
2Cases cited1 opinion
- Goodale v. . TuttleNew York Court of Appeals · 1864
3Cited by18 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Templeton v. VoshloeIndiana Supreme Court · 1880
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