Colrick v. . Swinburne
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 November 14, 1884, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought originally by Thomas Colrick, the present plaintiff’s intestate, against defendants as administrators of Richard G. Swinburne, deceased.
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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 November 14, 1884, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought originally by Thomas Colrick, the present plaintiff’s intestate, against defendants as administrators of Richard G. Swinburne, deceased. The complaint alleged that plaintiff was the owner of a tannery on a stream arising from a spring on land owned by defendant’s intestate at the time of his death, and that plaintiff had the right to use the…
1Opinion of the CourtAndrews, J.
The diversion of the water of the spring from its natural channel, whereby the plaintiff’s intestate was deprived of its use for his tannery, was a legal injury for which he was entitled to compensation in damages. (Arnold v. Foot, 12 Wend. 330; Smith v. Adams, 6 Pai. 435; Clinton v. Myers, 46 N. Y. 511.) Whether the use by Swinburne was a reasonable exercise of his right, was a question of fact which has been found against him upon sufficient and competent evidence. (Prentice v. Geiger, 74 N. Y. 341.) The proper rule of damages, under the circumstances, was the diminished rental value of the…
2Cases cited8 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Waggoner v. JermaineNew York Supreme Court · 1846
- Clinton v. . MyersNew York Court of Appeals · 1871
- Arnold v. FootNew York Supreme Court · 1834
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3Cited by64 opinions
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- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Lurie v. New Amsterdam Casualty Co.New York Court of Appeals · 1936
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
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