Tabor v. . Bradley
New York Court of Appeals
Appeal from the Supreme Court. The action was commenced in January, 1853, for damages from the flooding of the plaintiff’s land by means of a dam maintained by the defendants in the Twelve Mile creek, in the county of Niagara; for the removal of the dam, or such alterations as would prevent the flooding of the plaintiff’s land, and for injunction against future obstruction to the natural flow of the water.
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Appeal from the Supreme Court. The action was commenced in January, 1853, for damages from the flooding of the plaintiff’s land by means of a dam maintained by the defendants in the Twelve Mile creek, in the county of Niagara; for the removal of the dam, or such alterations as would prevent the flooding of the plaintiff’s land, and for injunction against future obstruction to the natural flow of the water. The cause was tried before a referee, who found these facts: Both parties derive title from the Holland Land Company, who, on the 19th March, 1833, conveyed in fee to William Van Horn one…
1Opinion of the CourtPratt, J.
The conveyances under which the defendants claim title, upon their face purport to convey simply the lands within the boundaries described in such conveyances. There is no allusion to any mill or water rights or privileges contained in them. If anything more than the lands thus described passed by those conveyances, it must pass by reason of being in some manner attached or annexed to the premises so as to pass as appurtenant to them, or the conveyances must have been made under such circumstances as would lead necessarily to the conclusion that the collateral privileges claimed were designed…
2Cases cited6 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
- Le Roy v. PlattNew York Court of Chancery · 1833
- Manning v. SmithSupreme Court of Connecticut · 1826
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3Cited by22 opinions
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Ogden v. . JenningsNew York Court of Appeals · 1875
- Will v. GatesNew York Court of Appeals · 1997
- Voorhees v. . BurchardNew York Court of Appeals · 1873
- Olsen v. NobleSupreme Court of Georgia · 1953
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