Penrhyn Slate Co. v. Granville Electric Light & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, The Penrhyn Slate Company -and another, from a judgment of the Supreme Court in' favor of the defendants, entered in the office of. the clerk of the county of Washington on the 28th day'of October, 1902, upon the décision- of the court, rendered after a trial at the Saratoga Special Term, dismissing the plaintiffs’ complaint upon the merits.
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Appeal by the plaintiffs, The Penrhyn Slate Company -and another, from a judgment of the Supreme Court in' favor of the defendants, entered in the office of. the clerk of the county of Washington on the 28th day'of October, 1902, upon the décision- of the court, rendered after a trial at the Saratoga Special Term, dismissing the plaintiffs’ complaint upon the merits. The plaintiffs are riparian owners on the Mettowee river, in Washington county, N. Y., and each owns a dam and operates a water power thereon. About three miles above is located the village of Granville, one of the defendants…
1Opinion of the Court
Parker, P. J.:
Concededly the defendant the Granville Electric Light and Power Company is, for a consideration paid to it, pumping water from this stream sufficient to furnish the village of Granville with its daily supply, and it is under contract to continue to so pump all that the village may require for a period of ninety-nine years from 1885. Concededly its only right to the use of the water in such stream is that of a riparian owner, and so the first question presented is whether a riparian owner, as such, has the right, as against a lower riparian owner, to divert from their natural…
2Cases cited2 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Sammons v. City of GloversvilleNew York Supreme Court · 1901
3Cited by2 opinions
- Samuels v. ArmstrongNew York Supreme Court · 1905
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