Barkley v. . Wilcox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 8, 1879, which affirmed a judgment in favor of[plaintiff^entered upon .the report of a referee, (Reported below, 19 Hun, 320.) This action was brought to recover, damages for injuries alleged to have been sustained by the obstruction of the natural flow of surface water from plaintiff’s lot over and across that of defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 8, 1879, which affirmed a judgment in favor of[plaintiff^entered upon .the report of a referee, (Reported below, 19 Hun, 320.) This action was brought to recover, damages for injuries alleged to have been sustained by the obstruction of the natural flow of surface water from plaintiff’s lot over and across that of defendant. The facts are sufficiently stated in the opinion. " ■ The decision of the ref-, eree, which is here conclusive as to the fact, is really…
1Opinion of the CourtAndrews, J.
This is not the case of a natural water-course. A natural water-course, is a natural stream, flowing in a defined bed or channel, .with banks and sides, having permanent sources of supply. It is not essential to constitute a water-course, that the flow should be uniform or uninterrupted. The other elements existing, a stream does not lose the character of a natural water-course, because in times of drought, the flow may be diminished, or temporarily suspended. It is sufficient if it is usually a stream of running water. (Angell on Watercourses, § 4; Luther v. The Winnisimmet Co., 9 Cush. 171.)
2Cases cited10 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Phelps v. . NowlenNew York Court of Appeals · 1878
- Gillham v. Madison County RailroadIllinois Supreme Court · 1869
- Vanderwiele v. . TaylorNew York Court of Appeals · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Case v. HoffmanWisconsin Supreme Court · 1898
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
102 more not listed; retrieve them via the Exa API.