Lawrence v. . Whitney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June term, 1887, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the June term, 1887, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to determine the rights of the parties in and to the water-power furnished by the Genesee liver at Rochester, and to restrain the- defendants from drawing from the river more.than the proportion alleged to belong to them of the water of said river. The material facts are stated in the opinion. The deed from…
1Opinion of the CourtFinch, J.
The controversy between these parties respects their relative rights to the use of the water of the Genesee river as power to drive their mills. A dam has been com I structed across the river above the falls, and the waters retained by it .pass through guard-gates on each side, and reach the mills through a race on the east bank of the river, and through what is called Brown’s race on the west side; and the plaintiffs, who are a part of the proprietors drawing their water | power from the latter race, claim to be entitled to the use of ’seventy-nine eighty-fifths of the water of the river,…
2Cited by3 opinions
- Burke v. StateNew York Court of Claims · 1909
- City of New York v. Third Avenue Railway Co.New York Court of Appeals · 1945
- Climax Specialty Co. v. Seneca Button Co.New York Supreme Court · 1907