French v. Carhart
New York Court of Appeals
Carhart sued French for nuisance, for overflowing his land, by reason of defendant’s mill dam erected for flouring purposes on the stream below plaintiff’s land, which bounded on the same stream. This stream was the Norman’s kill, in Guilderland, Albany county. Defendant pleaded the general issue. The cause was tried at •the Albany circuit on the 7th October, 1843, before Hon. John P. Cushman, circuit judge.
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Carhart sued French for nuisance, for overflowing his land, by reason of defendant’s mill dam erected for flouring purposes on the stream below plaintiff’s land, which bounded on the same stream. This stream was the Norman’s kill, in Guilderland, Albany county. Defendant pleaded the general issue. The cause was tried at •the Albany circuit on the 7th October, 1843, before Hon. John P. Cushman, circuit judge. The plaintiff introduced in evidence, as a source of his title, two deeds which reached back to 1808, and came up to 1818, showing the title of the premises in question in Abel French…
1Opinion of the Court
Cowen, Justice.
None of the cases relied on by the defendant’s counsel, support the claim which he has thought proper to interpose under the clauses in question.
Jackson ex dem. Hasbrouck v. Vermilyea (6 Cowen, 677), holds that the exception of a mill site in a conveyance, operates as an exception both of the soil for the mill site and of land necessary for the pond and the milling business.
Dygert v. Mathews (11 Wend. 35), admitted an exception of so much land as is necessary for the use of a grist mill to be good, but denied its operation until the grantor or his assigns should exercise the…
2Cases cited8 opinions
- Burr v. MillsNew York Supreme Court · 1839
- Manning v. SmithSupreme Court of Connecticut · 1826
- Oakley v. StanleyNew York Supreme Court · 1830
- Provost v. CalderNew York Supreme Court · 1829
- Dibble v. RogersNew York Supreme Court · 1835
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