Squaw Island Freight Terminal Co. v. City of Buffalo

Crane, Ch. J.

(dissenting). On this appeal we are obliged to take the findings as they come to us affirmed by the Appellate Division, for it is on these findings that the court has determined that an injunction should issue. The facts as stated in these findings are the following:

The Niagara river is a navigable fresh water stream connecting Lake Erie with Lake Ontario, the current of which flows in a northerly direction from Lake Erie to Lake Ontario at a velocity from four to six miles per hour. (A good brisk walk for a man.)

Since June 21, 1916, the plaintiff has been and now is the owner in…