McCann v. . Chasm Power Co.
New York Court of Appeals
Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 22, 1912, as modified, and as modified affirmed, a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 22, 1912, as modified, and as modified affirmed, a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The judgment rendered at Special Term permanently enjoined the defendant from flooding the lands of plaintiffs by its dam in the Chateaugay river after ten months from the rendition of the judgment and awarded the plaintiffs six cents damages. The Appellate Division modified that part of the judgment granting an injunction…
1Opinion of the CourtCollin, J.
The southerly line of the defendant’s land is the northerly line of the plaintiffs’ land, and in a chasm through the lands flows the Chateaugay river. The defendant, a domestic corporation, has been engaged since 1903 in supplying electricity for public and private use in the village of Chateaugay and elsewhere for lighting and power. Prior to July, 1903, at a point about six hundred feet northerly from the said boundary line, the defendant constructed in the river a dam by which the water was set hack or raised upon the perpendicular rock banks through a distance of about four hundred and…
2Cases cited7 opinions
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Whalen v. . Union Bag Paper Co.New York Court of Appeals · 1913
- Levi v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Arnold v. MelaniWashington Supreme Court · 1968
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Lorraine A. Beatty v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1988
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
46 more not listed; retrieve them via the Exa API.