Brown v. Ontario Talc Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sidney Brown, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of St. Lawrence on the 26th day of March, 1902, upon the decision of the court rendered after a trial at the St. Lawrence Special Term, as refuses, except upon certain conditions, to grant an injunction against the maintenance of a dam beyond a certain height.
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Appeal by the plaintiff, Sidney Brown, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of St. Lawrence on the 26th day of March, 1902, upon the decision of the court rendered after a trial at the St. Lawrence Special Term, as refuses, except upon certain conditions, to grant an injunction against the maintenance of a dam beyond a certain height. Plaintiff is the owner of a. hotel situate upon the banks of the Oswegatchie river. Below his premises are the premises of the defendant, opposite which the defendant has constructed a dam fourteen…
1Opinion of the Court
Smith, J.:
This dam is constructed with a chute in the middle about twenty-two feet wide, the bottom of the chute being only eight feet in height. Ordinarily the waters of the river pass through this chute and do not rise to the level of the top of the dam. In times of high water, however, this chute proves insufficient to take all of the water of the river, and the water overflows the top, at which times damage is caused by the backing up of the water upon the plaintiff’s premises. This construction, infringing upon the plaintiff’s rights, was an unwarranted trespass. The defendant is not a…
2Cases cited3 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1892
- Duesler v. City of JohnstownAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- McCann v. Chasm Power Co.Appellate Division of the Supreme Court of the State of New York · 1912