Chase-Hibbard Milling Co. v. City of Elmira
New York Court of Appeals
Appeal from a judgment of' the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The acts found to have been committed by the defendant would have been unlawful if committed by an individual.
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Appeal from a judgment of' the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The acts found to have been committed by the defendant would have been unlawful if committed by an individual. (Rothery v. N. Y. Rubber Co., 90 N. Y. 30; Stye v. Mordant, 1 Rolle’s Abr. 104; 2 Rolle’s Abr. 140; Haight v. Price, 21 N. Y. 241.) The declaration…
1Opinion of the CourtGray, J.
This action was brought by the plaintiff to have the city of Elmira restrained from diverting the waters of the Chemung river into a tail race, or channel, by which the waters passing through the plaintiff’s mill were carried away. The facts are stated in findings by the trial court and are conclusively established by the unanimous affirmance of a judgment, which dismissed the plaintiff’s complaint upon the merits. No opinion was expressed at the Appellate Division.
In 1813, the Chemung river, then known as the Tioga river, was declared to be a public highway by an act of the legislature,…
2Cases cited3 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
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- MATTER OF ENGELSHER v. JacobsNew York Court of Appeals · 1959
- Town of Hempstead v. GoldblattNew York Supreme Court · 1959
- Jefferson County Drainage Dist. No. 6 v. McFaddinCourt of Appeals of Texas · 1927
- American Woolen Co. v. StateNew York Court of Claims · 1925
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