Strobel v. . Kerr Salt Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial, department, entered January 21, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. This action was commenced in 1892 by fourteen plaintiffs who own various mills on Oatka creek, a natural stream running through the counties of.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial, department, entered January 21, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. This action was commenced in 1892 by fourteen plaintiffs who own various mills on Oatka creek, a natural stream running through the counties of. Wyoming, Genesee and Monroe, against the defendant, a domestic corporation engaged in the manufacture of salt at a point on said creek above the mills of the plaintiffs, to restrain it from…
1Opinion of the CourtVann, J.
As the findings of the trial court are general and somewhat indefinite, construction is necessary by reading them in the light both of the uncontradicted evidence and of the evidence most favorable to the defendant. When, for instance, the learned trial judge found no diversion of the water and no use of it except in making salt upon the defendant’s own lands, he did not find that there was no diversion or pollution, and if he had it would have been an error of law, because opposed to the uncontradicted evidence, and open to review by us because the affirmance was not unanimous. So, when he…
2Cases cited20 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Clinton v. . MyersNew York Court of Appeals · 1871
- Smith v. . City of BrooklynNew York Court of Appeals · 1899
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3Cited by70 opinions
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- People v. HulbertMichigan Supreme Court · 1902
- Whalen v. . Union Bag Paper Co.New York Court of Appeals · 1913
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Farley v. Crystal Coal & Coke Co.West Virginia Supreme Court · 1920
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