Watts' Administrators v. Kinney
New York Supreme Court
Error from the superior court of the city of New-York. ' The administrators of George Watts brought an action on the case in the superior court of the city of New-Yorh against Kinney, for diverting the waters of a stream from the mill of the plaintiffs situate at Newark, in the state of New-Jer' sey, and for obstructing a way leading from the mill.
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Error from the superior court of the city of New-York. ' The administrators of George Watts brought an action on the case in the superior court of the city of New-Yorh against Kinney, for diverting the waters of a stream from the mill of the plaintiffs situate at Newark, in the state of New-Jer' sey, and for obstructing a way leading from the mill. The first count of the declaration stated that Watts, in his life time, and the plaintiffs since his •death, were lawfully possessed of the mill, &c. situate and being at Newark, to wit, at the city and county of New-Yorh, and ought to have had the…
1Opinion of the Court
Nelson, Ch. J.
By the Court, It appears to be conclusively settled, that *485an action on the case for diverting a water-course, so far savours of the realty as to be classed with local'actions, and must be tried in the county where the injury happens. 1 Chitty’s Pl. 271, 284. 1 Bacon, 56. 7 Co. 61, 62. Raider’s case; 1 Tidd,, 369. 2 East, 497. The Company, &c. of M. & I. Navigation v. Douglass, 1 Saund. Pl. Ev. 412. 1 Taunt. 379. It stands on a footing in this respect with real and mixed actions, such as trespass quare clausum fregit, ejectment, waste, &c. where, if the lands lie in & foreign…
2Cases cited1 opinion
- Kinney v. WattsNew York Supreme Court · 1835
3Cited by20 opinions
- Cragin v. . LovellNew York Court of Appeals · 1882
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Deseret Irrigation Co. v. McIntyreUtah Supreme Court · 1898
- Oliver v. LoyeMississippi Supreme Court · 1881
- Graves v. McKeonNew York Supreme Court · 1846
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