Smith v. . City of Rochester
New York Court of Appeals
Ai'peal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Ai'peal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, as owners and lessees of mills and manufactories situated upon the banks of Honeoye creek, to restrain defendant from diverting the waters of Hemlock lake from said creek. The court found in substance these facts: Hemlock lake is a body of water situate in Livingston county, LT. Y.,…
1Opinion of the Court
Ruger, Ch. J.
The State by virtue of its sovereignty is deemed the original grantor of all titles to real estate, and a conveyance by it of riparian rights upon non-navigable streams vests its grantees, both mediate and remote, with all the rights which such owners can acquire against any grantor.
The riparian owners of lands adjoining fresh Avater, non-navigable streams, take title, “ ad usgue filum aguce" to the thread of the stream, and thereby acquire the right as incident to such title to the usufructuary enjoyment of the undiminished and undisturbed flow of such water. “ Fresh rivers of…
2Cases cited21 opinions
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- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Morgan v. . KingNew York Court of Appeals · 1866
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
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3Cited by112 opinions
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- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- Manry v. RobisonTexas Supreme Court · 1932
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