Brewster v. J. & J. Rogers Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the J. & J. Rogers Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 17th day of October, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Essex Trial Term.
1Opinion of the Court
Merwin, J.:
The plaintiff is the owner of a sawmill on the west branch of the Ausable river, and also of two farms, containing about 640 acres, *344below the mill, and through which the river runs. The plaintiff in his complaint alleges that in the years 1896, 1897 and 1898 his mill and dam connected therewith and his farms were injured by the wrongful acts of the defendant, a, domestic corporation, in floating down the river large quantities of pulp wood cut from land above.
The court found “that during the time stated in' the complaint the defendant, by means of a certain dam erected upon the…
2Cases cited8 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- De Camp v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1897
- In re ThomsonNew York Supreme Court · 1895
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3Cited by1 opinion
- In re WilderAppellate Division of the Supreme Court of the State of New York · 1904