Morgan v. . King
New York Court of Appeals
Appeal from a judgment of the Supreme Court, in the fourth district, affirming a judgment in favor of the plaintiffs, entered upon the decision óf a single judge. The action was brought for obstructing the passage of saw logs of the plaintiffs, in floating down the Racket river, near Potsdam, in the county of St. Lawrence. The plaintiffs were the owners of certain premises on the river, about five and a half miles below Potsdam, on which were erected a dam and a saw-mill.
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Appeal from a judgment of the Supreme Court, in the fourth district, affirming a judgment in favor of the plaintiffs, entered upon the decision óf a single judge. The action was brought for obstructing the passage of saw logs of the plaintiffs, in floating down the Racket river, near Potsdam, in the county of St. Lawrence. The plaintiffs were the owners of certain premises on the river, about five and a half miles below Potsdam, on which were erected a dam and a saw-mill. About two and a half miles above the plaintiffs premises, the defendants owned land on both sides of the river, on which…
1Opinion of the CourtSmith, J.
The only question in this case is, whether the Racket river is, of public right, a common highway, at the point where its waters are obstructed by the defendants’ dam. If it is such, the rights of the defendants, as riparian owners, are subject to the public easement; and they are liable for detaining the plaintiffs’ logs in their passage down the stream. If, on the other hand, the river is not a common highway, but is wholly private, in use as well as in ownership, the defendants are not liable,
In considering the question, it will be useful to state in the outset, with some particularity,…
2Cases cited2 opinions
- Ex parte JenningsNew York Supreme Court · 1826
- Munson v. HungerfordNew York Supreme Court · 1849
3Cited by95 opinions
- United States v. CressSupreme Court of the United States · 1917
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
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