Amsterdam Knitting Co. v. Dean
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Luther L. Dean "and others, from a judgment of tlie Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 18th day of June, 1896, upon the report of a referee.
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Appeal by the defendants, Luther L. Dean "and others, from a judgment of tlie Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 18th day of June, 1896, upon the report of a referee. The plaintiff is the owner of certain premises, which include a portion of the bed of Chuctanunda creek, across which it maintains a dam forming a mill .pond on its lands from which" it derived water power for use in operating its mills. Northerly of "and next above the plaintiff’s premises on the creek, the defendants own premises, including the bed of…
1Opinion of the Court
Merwin, J.:
The general rule is that a riparian proprietor may insist that the 'stream shall flow to his land in the usual quantity, at its natural place and height. (Gould on Waters, § 204, and cases cited.) An upper proprietor may use the water while it runs over his land, but he cannot unreasonably detain it or give it another direction, and he must return it to its ordinary channel when it leaves his estate. (3 Kent Com. 439.)
• These general propositions are hardly disputed, but the defendants claim that, inasmuch as the plaintiff has shown only nominal damages and its property has not…
2Cases cited3 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Townsend v. BellNew York Supreme Court · 1891
3Cited by5 opinions
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Gallagher v. Kingston Water Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Townsend v. BellAppellate Division of the Supreme Court of the State of New York · 1899
- Mann v. WilleyAppellate Division of the Supreme Court of the State of New York · 1900
- Storm King Paper Co. v. Firth Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1918