Harris v. Thompson
New York Supreme Court
This was an action on the case, brought by John and William B. Harris against Thompson and eighteen others, for tearing away a part of the Fort Miller dam in September, 1846, by which act the mills of the plaintiffs thereon were stopped for want of water. The cause was tried in June, 1848, at the Sara-toga circuit before Justice Hand.
Read the full summary
This was an action on the case, brought by John and William B. Harris against Thompson and eighteen others, for tearing away a part of the Fort Miller dam in September, 1846, by which act the mills of the plaintiffs thereon were stopped for want of water. The cause was tried in June, 1848, at the Sara-toga circuit before Justice Hand. The declaration alledged that the plaintiffs were possessed of certain mills in Northumberland, Saratoga county, to run which they were entitled to the use of water and surplus water” of the Fort Miller dam, and that the defendants, with intent to prevent the…
1Opinion of the Court
By the Court, Hand, J.
The Hudson river, at the location of the dam in question, is a public river for the purposes of navigation ; or, as it is termed, a public highway; though being above the flow of the tide, it is private property in other respects. (Palmer v. Milligan, 3 Caines, 207. Commissioners of Canal Fund v. Kempshall, 26 Wend. 404. People v. Platt, 17 John. 199 Angell on Water Courses, 159.) Any obstruction to its navigation is, prima facie, a public nuisance. (Jennings ex parte, 6 Cowen, 518, and note. Ang. on Wat. Courses, 201, and the cases there cited.) The doctrine, that the…
2Cases cited17 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Martin v. MottSupreme Court of the United States · 1827
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Vanhorne v. DorranceSupreme Court of the United States · 1795
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
- Coburn v. AmesCalifornia Supreme Court · 1877
- Randle v. Pacific RailroadSupreme Court of Missouri · 1877
19 more not listed; retrieve them via the Exa API.