Van Buren v. Fishkill & M. W. Co.
New York Supreme Court
Appeal from circuit court, Dutchess county. Action by Charlotte Van Burén against the Fishkill & Matteawan Water-Company, to recover damages for the diversion of a stream of water. Defendant appeals from a judgment for plaintiff.
1Opinion of the CourtBarnard, P. J.
The plaintiff was the lessee of one Gurnee of brick-yard-premises situate in Fishkill, Dutchess county. During the continuance of the lease the defendant, a corporation for conducting pure and wholesome-water to Matteawan and vicinity, condemned a stream of water which in part ran by the premises so held under lease by the plaintiff, and built a dam» 'ncross it. The plaintiff was manufacturing brick, and needed the water *o moisten the clay, and for various other purposes connected with brick manufacturing. The consequence was that the plaintiff had to stop her works-some 25 days for want of…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
3Cited by3 opinions
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
- Collins v. StateNew York Court of Claims · 1918
- Hochstrasser v. MartinNew York Supreme Court · 1891