Gillespie v. Forrest
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon tbe trial of this action by the court without a jury.
1Opinion of the Court
Bockes, J.:
The action was brought to abate an alleged nuisance, and to restrain its continuance and threatened enhancement by the defendant. The alleged nuisance consisted in an interruption of the natural flow of Catharine creek, through the village of Havanna, in the county of Schuyler. The obstruction complained of was an erection, by the defendant, of a pier or several piers, on his land on the margin of the creek, and, as was charged, within the line of the creek, and about fourteen feet into the bed of the stream, whereby its natural flow was impeded, and its waters were set back upon…
2Cases cited10 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Fish v. DodgeNew York Supreme Court · 1847
- Milhau v. . SharpNew York Court of Appeals · 1863
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