Haight v. . Price
New York Court of Appeals
Appeal from the Supreme Court. Action for diverting the water of a stream called Trout run, in Arcadia, Wayne county, by means of a mill dam, whereby the plaintiff, as he alleged, was deprived of the use of the water for the supply of his brick-yard situated on his land at a point lower down the stream.
Read the full summary
Appeal from the Supreme Court. Action for diverting the water of a stream called Trout run, in Arcadia, Wayne county, by means of a mill dam, whereby the plaintiff, as he alleged, was deprived of the use of the water for the supply of his brick-yard situated on his land at a point lower down the stream. The defendant erected a grist mill on the stream in the year 1836. To obtain the necessary water power he built a dam across the stream, discharging the water, after it had passed through his works, by the tail-race, at a lower level than the bottom of the original channel, and conducting it,…
1Opinion of the CourtDehio, J.
The plaintiff’s possession of the land on which his brick-yard was situated, and through which the water-course ran, was prima facie evidence of ownership in him. As such owner he was presumptively entitled to have the stream run in its natural channel, without obstruction or diversion. It is true that when he went into possession he found that the water had been diverted by the defendant’s dam above; and it is to be inferred that such diversion had been acquiesced in by the parties who had preceded him in the possession, and such acquiescence was continued on his part until the commencement…
2Cited by9 opinions
- City of Logansport v. UhlIndiana Supreme Court · 1885
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Bristol Hydraulic Co. v. BoyerIndiana Supreme Court · 1879
- Knox v. Metropolitan Elevated Railway Co.New York Supreme Court · 1890
- Hughes v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.