Legal Opinion · Dissent

Atwater v. Village of Canandaigua

New York Supreme Court

Decided April 11, 1890Published

Motion for new trial on exceptions. Action by Joseph Atwater against the trustees of the village of Canandaigua. The court directed a verdict for defendants, exceptions to be heard in the first instance at general term.

1Dissent

Corlett, J.,

(dissenting.) Canandaigua lake is a body of fresh water, about 16 miles long and 1£ miles wide. This action was brought to recover damages for wrongfully and negligently causing the waters of said lake to be set back and kept upon the plaintiff’s farm, which consists of about 78 acres of land, bounded by the lake on the easterly side. The lake, at its foot, had two outlets, one known as the old one, or the feeder, and the other as the Dubois outlet. The waters of the lake had flowed through the old outlet for 80 years. In 1856 it was closed 30 rods from its mouth, and a new…

2Cases cited6 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  3. Scriver v. . SmithNew York Court of Appeals · 1885
  4. Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
  5. Mahady v. . Bushwick Railroad Co.New York Court of Appeals · 1883

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