Babcock v. Utter
New York Court of Appeals
Henry H. Babcock and others brought this action against Francis A. Utter and others in the supreme court, to establish and declare the rights of the plaintiffs to a water-power, arising in and flowing from the Unadilla river in the county of Otsego; to restrain the defendants from diverting the water; and to recover damages for a diversion already made.
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Henry H. Babcock and others brought this action against Francis A. Utter and others in the supreme court, to establish and declare the rights of the plaintiffs to a water-power, arising in and flowing from the Unadilla river in the county of Otsego; to restrain the defendants from diverting the water; and to recover damages for a diversion already made. The rights claimed by the plaintiffs were to maintain a certain dam across the west branch of the Unadilla river, and a canal or ditch leading therefrom to the factory of the plaintiffs. The facts found by the referee, which are material to…
1Opinion of the Court
At the March term the following opinion was read in consultation:
H. R. Selden, J.
The first question presented by this case is what were the rights of William Titter in this water-power, when he executed the mortgage of the eleven acres to Johnson, in August, 1831 ? It is in effect declared by the judgment, that the construction by the plaintiff of the dam and the canal in pursuance of the license of Henry Clarke and Thier Johnson, the construction of the mills on the eleven acres, and putting his machinery therein in operation by water drawn from the river by means of such dam and canal, gave…
2Cases cited20 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Prince v. CaseSupreme Court of Connecticut · 1835
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3Cited by4 opinions
- St. Vincent Female Orphan Asylum v. City of TroyNew York Court of Appeals · 1879
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Brown v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Gunhouse v. . FraenkelNew York Court of Appeals · 1914