Van Hoesen v. Coventry
New York Supreme Court
Motion to set aside report of referee. The plaintiff was the owner of a woolen factory, upon the Kinderhook creek, in the town of Stuyvesant. The defendants were owners of mills upon the same stream, above the plaintiff’s factory. There was an island in the creek opposite the premises of both parties. The defendants’ mills were near the upper end of the island, and the plaintiff’s factory was near the lower end. Both were on the easterly, •branch of the creek.
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Motion to set aside report of referee. The plaintiff was the owner of a woolen factory, upon the Kinderhook creek, in the town of Stuyvesant. The defendants were owners of mills upon the same stream, above the plaintiff’s factory. There was an island in the creek opposite the premises of both parties. The defendants’ mills were near the upper end of the island, and the plaintiff’s factory was near the lower end. Both were on the easterly, •branch of the creek. In the summer of 1846, it became necessary for the defendants to repair their dam and flume, and for that purpose, they shut down the…
1Opinion of the CourtHarris, J.
The question presented by this case is, whether the owners of a mill have the right, when it becomes necessary for the purpose of making repairs, to divert the stream upon which it is situated, to the injury of another proprietor upon the same stream below. So far, at least, as my own researches have extended, the question has npt been adjudged. Its decision must depend upon the general principles applicable to the subject.
The general doctrine relating to water courses is, that every proprietor is entitled to the use of the flow of the water, in its natural course, and to the momentum of its…
2Cases cited2 opinions
- Platt v. Johnson & RootNew York Supreme Court · 1818
- M'Calmont v. WhitakerSupreme Court of Pennsylvania · 1831
3Cited by17 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Payne v. Western & Atlantic RailroadTennessee Supreme Court · 1884
- People v. HulbertMichigan Supreme Court · 1902
- Pattison v. RichardsNew York Supreme Court · 1856
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