Lampman v. . Milks
New York Court of Appeals
Appeal from the Supreme Court. Action for changing the course of a stream, and flooding the plaintiff’s land. Upon the trial, at the Otsego Circuit, before Mr. Justice Crippen, a jury having been waived, these facts appeared: On the 27th March, 1850, Ovid Chesebro owned forty acres of land on Elk creek, through which there was a small brook running.
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Appeal from the Supreme Court. Action for changing the course of a stream, and flooding the plaintiff’s land. Upon the trial, at the Otsego Circuit, before Mr. Justice Crippen, a jury having been waived, these facts appeared: On the 27th March, 1850, Ovid Chesebro owned forty acres of land on Elk creek, through which there was a small brook running. In its natural course it would have run over half an acre of low ground, which Chesebro on that day conveyed to the plaintiff for a building lot, and upon which the plaintiff immediately thereafter erected a house and barn. Some ten years…
1Opinion of the CourtSelden, J.
Although this is an action of a very trivial nature, in respect to the amount which it involves, it nevertheless embraces • principles of very considerable importance, and should, therefore, be carefully considered. It was clearly established upon the trial that, at the time when the plaintiff purchased and took a conveyance from Chesebro, the'stream in • question, instead of running in its original channel, through the entire length and across the south line of the plaintiff’s lot, had been turned through an artificial channel across the north line on to the other portions of the forty…
2Cases cited4 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
- Hazard v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1823
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- Paine v. . ChandlerNew York Court of Appeals · 1892
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