Cromwell v. . Selden
New York Court of Appeals
Cromwell brought an action on the case in the supreme court against Selden and others, for diverting from the plaintiff’s grist mill, &c. the waters of Fish creek, in Oswego county.
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Cromwell brought an action on the case in the supreme court against Selden and others, for diverting from the plaintiff’s grist mill, &c. the waters of Fish creek, in Oswego county. The cause was heard before referees, and on the hearing, the case, so far as necessary to be stated, was as follows: On and before the 20th of May, 1834, one Solomon Rathbone owned the premises and water privileges on Fish creek, occupied and claimed by the plaintiff and defendants respectively at the commencement of the suit; and on that day he conveyed to one Marvin certain premises “ together with the saw mill…
1Opinion of the CourtHarris, J.
Rathbone, at the time of his conveyance to Marvin, was the owner of the entire water power in question. He was entitled to its unrestricted use. The plaintiff, as his grantee, has succeeded to all his rights, except such as he had granted to Marvin, and those are vested in the defendants. The single question now presented, relates to the„extent of the rights of the parties respectively, to the use of the water, and this depends upon the construction to be given to the terms found in the grant from Rathbone to Marvin. The defendants are entitled to “ water sufficient to keep a saw mill in…
2Cases cited2 opinions
- Strong v. BenedictSupreme Court of Connecticut · 1824
- Biglow v. BattleMassachusetts Supreme Judicial Court · 1818
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- Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
- United Paper Board Co. v. Iroquois Pulp & Paper Co.New York Court of Appeals · 1919
- Groat v. . MoakNew York Court of Appeals · 1883
- Hall v. Sterling Iron & Railway Co.New York Court of Appeals · 1896
- Mudge v. . SalisburyNew York Court of Appeals · 1888
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