McKee v. President, Managers & Co. of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 16, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court. The nature of the action and- the facts, so .far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 16, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court. The nature of the action and- the facts, so .far as material, are stated in the opinion. The plaintiff is not entitled to recover unless he establishes negligente on the part of the defendant in the management and use of its dam and the water drawn therefrom. (Cuddeback v. D. & H. C. Co., 20 Wkly. Dig. 454.) In the absence of any evidence of negligence, the plaintiff…
1Opinion of the CourtO’Brien, J.
This was an action of an equitable character to restrain the defendant from discharging water upon the plaintiff’s land through the means of a dam or reservoir constructed to store water for the use of its canal. The case was tried by the court with the aid of a jury. The plaintiff recovered damages, and the equitable relief claimed was granted, and the General Term has sustained the decision. The judgment rests on the following ■ facts found by the trial court: In the year 1851 the plaintiff became the owner and went into the possession of the farm, for the alleged injury to which the…
2Cases cited2 opinions
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Scriver v. . SmithNew York Court of Appeals · 1885
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- Brewster v. J. & J. Rogers Co.New York Court of Appeals · 1901
- Chaffinch v. Chesapeake & Potomac Telephone Co. of Virginia, Inc.Supreme Court of Virginia · 1984
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