Strough v. Conley

Bliss, J. (dissenting).

About fifty years ago the village of Canastota, for the purpose of supplying water to its inhabitants, acquired the waters from four small streams originating in springs on or near the lands of Romain D. Button, the predecessor in title of defendants Button, and the right to divert these waters from their natural westerly course and empty them into a stream which flowed in the opposite direction to the village reservoir. At the *489same time the village entered into an agreement with three lower riparian owners through whose lands these waters naturally flowed, which gave…