Browne v. Scofield
New York Supreme Court
This was an appeal, by the plaintiffs, from a judgment of the Steuben county court, reversing that of a justice. The facts are sufficiently set forth in the opinion of the court.
1Opinion of the Court
By the Court, Johnson, J.
This was an action upon the case, commencedin a justice’s court, for obstructing the Ganisteo river, a public highway, by means of which the appellants, as they alledge, were injured in transporting their property thereon to market. The respondent pleaded the general issue and also a grant from the legislature to erect and maintain a dam across the river. On the trial before the justice evidence was given on both sides as to whether the respondent’s dam, which was the obstruction complained of, was or was not an obstruction to the navigation. When the appellants…
2Cases cited2 opinions
- Palmer v. MulliganNew York Supreme Court · 1805
- Hooker v. CummingsNew York Supreme Court · 1822
3Cited by22 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Bellows v. SackettNew York Supreme Court · 1853
- Town of Pierrepont v. . LovelessNew York Court of Appeals · 1878
- Shaw v. Oswego Iron Co.Oregon Supreme Court · 1882
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