Hubbard v. Russell
New York Supreme Court
THE plaintiff brought his action against the defendants for wrongfully overflowing and covering with water a portion of his land, described in the complaint, by means of a dam belonging to them, and averred that they had so damaged his land ever since his ownership of it. The defendants denied this, and then justified their right to overflow the land by the dam at its height, at the time of the commencement of the action.
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THE plaintiff brought his action against the defendants for wrongfully overflowing and covering with water a portion of his land, described in the complaint, by means of a dam belonging to them, and averred that they had so damaged his land ever since his ownership of it. The defendants denied this, and then justified their right to overflow the land by the dam at its height, at the time of the commencement of the action. They did not set up want of notice, or any thing on that subject. At the trial the plaintiff established his case, and rested. The defendants called a witness to prove that…
1Opinion of the CourtS. B. Strong, P. J.
The alleged nuisance in this case consisted in continuing to overflow the plaintiff’s land by the defendants’ millpond. The nuisance had not been originated by the defendants, or either of them, but was created by those from whom they derived their title. The margin of the pond was the same when they took their deed as it was when this action was instituted. The conveyance to the defendant Russell, under whom the other defendants claim title, is dated on the 30th of September, 1848, since which time the defendants, some or one of them, have been in the possession (claiming title) of this land…
2Cited by18 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- Chesapeake & Ohio Railway Co. v. StockSupreme Court of Virginia · 1905
- Burton v. F. A. Seifert & Co.Supreme Court of Virginia · 1908
- Conhocton Stone R. v. . B., N.Y. E.R.R. Co.New York Court of Appeals · 1873
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