Kellogg v. . Thompson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendants, entered upon the report of a referee. This action was brought against defendants, the commissioners and overseer of highways of the town of Leon, Cattaraugus county, for damages alleged to have been sustained by their turning a stream from the highway upon plaintiffs land. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendants, entered upon the report of a referee. This action was brought against defendants, the commissioners and overseer of highways of the town of Leon, Cattaraugus county, for damages alleged to have been sustained by their turning a stream from the highway upon plaintiffs land. The facts appear sufficiently in the opinion. Ho one has a right to change the course of a living stream of water and thereby make it overflow the lands of another. (Moran v.…
1Opinion of the Court
Church, Ch. J.
The evidence given on the trial is not contained in the case. We must assume, therefore, that the facts proved were sufficient to sustain the findings, and also any additional findings necessary to sustain the conclusion of law not in conflict with the affirmative facts found.
The action is against the defendants, who are commissioners and overseer of highways, for damages in turning a small stream running in an artificial channel in the highway, by the side of the traveled track, on to the plaintiffs land which abutted thereon. Such stream injured the highway, and at times…
2Cited by8 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Bissell Chilled Plow Works v. South Bend Manufacturing Co.Indiana Court of Appeals · 1916
- In re State Reservation at NiagaraNew York Supreme Court · 1884
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