Dexter Sulphite Pulp & Paper Co. v. Frontenac Paper Co.
New York Supreme Court
This action is brought for the purpose of having it, amongst other things, adjudged in substance that the plaintiff is the grantee and owner of certain water rights and powers produced by the Black river at Dexter, in Jefferson county, and that its rights are prior and superior to those- belonging to the defendants, respectively; that said defendants, Or some of them, are drawing more water or exercising greater rights, as against the plaintiff than they are entitled to and…
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This action is brought for the purpose of having it, amongst other things, adjudged in substance that the plaintiff is the grantee and owner of certain water rights and powers produced by the Black river at Dexter, in Jefferson county, and that its rights are prior and superior to those- belonging to the defendants, respectively; that said defendants, Or some of them, are drawing more water or exercising greater rights, as against the plaintiff than they are entitled to and that they should be enjoined and restrained. The facts in detail áre sufficiently set forth in the opinion.
1Opinion of the CourtHiscock, J.
Black river at the village of Dexter, Jefferson county, is a rapid, nonnavigable private stream consisting of. two branches,, and at and prior to the times hereinafter mentioned separate dams had been constructed across both of said branches and known and hereafter referred to as the north and south dams and branches respectively, which have ever- since been and still are maintained, thereby forming a pond and creating a water power with twelve feet or more of head.
Prior to January 1, 1841, one Dexter and others had become the owners of a large quantity of land abutting upon each side of said…
2Cases cited3 opinions
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Spencer v. . KilmerNew York Court of Appeals · 1897
- Green v. . CollinsNew York Court of Appeals · 1881
3Cited by4 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Tracy Development Co. v. . BeckerNew York Court of Appeals · 1914
- Dexter Sulphite Pulp & Paper Co. v. Jefferson Power Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Dunbar v. SweeneyNew York Supreme Court · 1917