Lawrence v. Whitney
New York Supreme Court
Appeal from judgment entered on decision of Monroe special term dismissing the complaint on the merits. The facts to which reference is deemed necessary appear in the opinion.
1Opinion of the CourtBradley, J.
The subject of the controversy in this action is the alleged right of the parties to use the water of the Genesee river for hydraulic purposes at the city of Rochester, through which the river runs in a northerly course.
At quite an early day its waters at' the Genesee Falls were to some extent appropriated to propel machinery, and mills have been erected and operated by such power on either side of the river. At the place in question, prior tp 1835, the water was for that purpose diverted into raceways by means of wing dams. In that, or the following year, a dam was constructed across' the…
2Cases cited5 opinions
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
- Malone's adm'r v. HobbsSupreme Court of Virginia · 1842
- Demeyer v. LeggNew York Supreme Court · 1853
- Wilder v. . RanneyNew York Court of Appeals · 1884
- Van Hoesen v. HolleyNew York Supreme Court · 1832