Comstock v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to restrain the defendants from diverting or withholding the waters of their mill-dam and flume on the Oaks creek, in the town of Otsego, from flowing to the carding machine and fulling mill of the plaintiff, situate on said creek below said mill-dam.
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Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to restrain the defendants from diverting or withholding the waters of their mill-dam and flume on the Oaks creek, in the town of Otsego, from flowing to the carding machine and fulling mill of the plaintiff, situate on said creek below said mill-dam. Prior to the 24th of January, 1824, William Johnson and James Johnson were the owners of lands on both sides of said creek, upon…
1Opinion of the Court
Church, Ch. J.
The principal question in this case, involving the construction of the grant of water, was correctly decided in the court below. It is well settled in this State that the terms used in this grant are to be taken as a measure of the quantity of water granted, and not a limitation of the use to the particular machinery specified. ( Wakely v. Davidson, 26 N. Y., 387; Cromwell v. Selden, 3 id., 253.) It was found by the court that, at the time the defendant shut the water off, he asserted that the plaintiff had forfeited his right to the water, and claimed a right to shut it off. In…
2Cases cited5 opinions
- Tripp v. CookNew York Supreme Court · 1841
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Casler v. . ShipmanNew York Court of Appeals · 1866
- Wakely v. . DavidsonNew York Court of Appeals · 1863
- Blaine's Lessee v. ChambersSupreme Court of Pennsylvania · 1814
3Cited by32 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Voorhees v. . BurchardNew York Court of Appeals · 1873
- Spencer v. . KilmerNew York Court of Appeals · 1897
- Price v. StrattonSupreme Court of Florida · 1903
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