Groat v. . Moak
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 January 24, 1882, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. A mem. of the decision below appears in 26 Hun, 380. This action was brought to recover damages for the diversion of water and to restrain the defendant from the further diversion thereof.
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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 January 24, 1882, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. A mem. of the decision below appears in 26 Hun, 380. This action was brought to recover damages for the diversion of water and to restrain the defendant from the further diversion thereof. The ease contained simply the findings of the referee, from which the following facts appear: The Susquehanna river is a public highway under the statutes of this State, and has…
1Opinion of the CourtEarl, J.
The rights of the parties depend upon the true construction of the reservation contained in the deed of 1841. It is very clear that the grantor in that deed, for the small consideration then paid by the grantees, did not mean to cripple the large and valuable factory by depriving it of any water power it might need to propel its machinery. If the defendant’s contention is right, that he can draw water for his mill whenever the water in the pond is so high that it would run over a dam not more than nine feet high, then he can run his mill most of the time, many times when the factory cannot be…
2Cases cited3 opinions
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Cromwell v. . SeldenNew York Court of Appeals · 1850
3Cited by15 opinions
- Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
- Lyon v. . HerseyNew York Court of Appeals · 1886
- Kimberly-Clark Co. v. Patten Paper Co.Wisconsin Supreme Court · 1913
- Hall v. Sterling Iron & Railway Co.New York Court of Appeals · 1896
- Connecticut River Lumber Co. v. Olcott Falls Co.Supreme Court of New Hampshire · 1889
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