Hills v. Dey
New York Supreme Court
This was an action on the case tried at the Seneca circuit in November, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The parties are owners of mills on the Seneca river, the defendants’ mill being situate below that of the plaintiff. The suit was brought to recover damages for the flowing of the wheels of the 'plaintiff’s mill, by means of a dam erected by the defendants.
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This was an action on the case tried at the Seneca circuit in November, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The parties are owners of mills on the Seneca river, the defendants’ mill being situate below that of the plaintiff. The suit was brought to recover damages for the flowing of the wheels of the 'plaintiff’s mill, by means of a dam erected by the defendants. On the trial it appeared that in 1825, & judgment in partition was rendered between Sam’l L. Gouverneur, plaintiff, and Wilhelmus Mynderse and others defendants, whereby certain pi’emises particularly…
1Opinion of the Court
By the Court,
Nelson, J.
The only question presented, involving the merits of this case, is whether the judgment in partition between Gouverneur and Mynderse in any way affected the privileges belonging to and enjoyed by the occupants of the mill now owned by the defendants, and which had been so used for some twenty-five years. When the wing dam was originally erected, both the mill sites now belonging to the parties in controversy, were owned by the same person or persons, and of course they could fix its height at discretion. It had been used at a given height by the parties down to the time…
2Cited by6 opinions
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- Henrie v. JohnsonWest Virginia Supreme Court · 1886
- Tracy Development Co. v. . BeckerNew York Court of Appeals · 1914
- Adams v. SmithNew York Supreme Court · 1887
- De Witt v. HarveyMassachusetts Supreme Judicial Court · 1855
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