Beardslee v. New Berlin Light & Power Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1911, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 6, 1911, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The reservation and exception contained in the printed notice of sale, and in the affidavit of, the auctioneer, measure all flowage rights to which said forty acres are subject. (Blackman v. Striker, 142 N. Y. 555; Bridger v. Pierson, 45 N. Y. 603; Hinckel v. Stevens, 165 N. Y.…
1Opinion of the Court
Cullen, Ch. J.
The plaintiff is the owner of a tract of land in the county of Otsego, on Unadifla river, in this state, which at this point divides the counties of Otsego and Chenango. The defendant erected and has maintained a dam across the river by which the plaintiff’s lands had been flooded. This action was brought to compel the defendant to lower the height of the dam and refrain from flooding the plaintiff’s lands. The trial court found that the plaintiff had owned and been in possession of the lands described in the complaint ever since the year 1900; that in 1901 a dam which had been…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Craig v. . WellsNew York Court of Appeals · 1854
- Bridger v. . PiersonNew York Court of Appeals · 1871
- Sherman v. . WillettNew York Court of Appeals · 1870
- Wadsworth v. SmithSupreme Judicial Court of Maine · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- People v. MunafoNew York Court of Appeals · 1980
- Elliott v. McCombsCalifornia Supreme Court · 1941
- Thomson v. WadeNew York Court of Appeals · 1987
- Ogle v. BarkerIndiana Supreme Court · 1946
- Beckley National Exchange Bank v. LillyWest Virginia Supreme Court · 1935
30 more not listed; retrieve them via the Exa API.