Corning v. Troy Iron & Nail Factory
New York Supreme Court
PPEAL from a judgment of the Rensselaer circuit and special term, dismissing the plaintiffs’ complaint with costs. The action was tried before Justice Ingraham, without a jury, at a circuit court and special term, held at the court house in Troy, on the 12th day of October, 1861. The action was brought to obtain .an injunction against the defendants, restraining them from diverting the waters of the Wynant’s kill, in the city of Troy, in the county of Rensselaer, from their…
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PPEAL from a judgment of the Rensselaer circuit and special term, dismissing the plaintiffs’ complaint with costs. The action was tried before Justice Ingraham, without a jury, at a circuit court and special term, held at the court house in Troy, on the 12th day of October, 1861. The action was brought to obtain .an injunction against the defendants, restraining them from diverting the waters of the Wynant’s kill, in the city of Troy, in the county of Rensselaer, from their natural bed or channel, through or along the lands of the plaintiffs, by means of a ditch or trunk, or otherwise, and…
1Opinion of the Court
*318By the Court,
Hogeboom, J.
The judge who heard this cause on the second trial appears to have arrived at the following conclusions :
1. That the plaintiffs are the owners of the seven-acre lot to the center of the creek on the north side thereof, and are entitled to all the rights and privileges of riparian proprietors, as they existed at the 'time of the conveyance to them, in 1852.
2. That the defendants are the owners of the one acre lot to the center of the creek on the south side thereof, with like rights and privileges.
3. That the diversion of the waters of the creek by the defendants in…
2Cases cited3 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Baldwin v. CalkinsNew York Supreme Court · 1833
- Corning v. Troy Iron & Nail FactoryNew York Supreme Court · 1860
3Cited by13 opinions
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Bartels Northern Oil Co. v. JackmanNorth Dakota Supreme Court · 1915
- Wagoner v. SilvaCalifornia Supreme Court · 1903
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