Shaver v. . Eldred
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment of the County Court of Cayuga county, in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment of the County Court of Cayuga county, in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover for injuries to plaintiff’s crops, caused, as he alleged, by the act of the defendant in raising a dam on the outlet of O wasco lake and thereby flooding his premises. The county judge found that, on the 18th of March, 1881, the defendant was a director…
1Opinion of the CourtYann, J.
The defendant admits that he closed the gates of the dam upon the outlet of Owasco lake, but claims that, in so doing, he acted under the authority of the state, and that many years ago the state acquired the right to maintain the dam and to regulate the flow of water from the lake thereby. The rights of the state and the authority of the defendant to act for it are, therefore, the important questions presented by this appeal.
In addition to the facts found by the learned county judge, it appears that, prior to the year 1838, a dam was built across the outlet and that it was used for hydraulic…
2Cases cited1 opinion
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
3Cited by4 opinions
- Wright v. . ShanahanNew York Court of Appeals · 1896
- Shaver v. EldredNew York Supreme Court · 1895
- Shaver v. EldredNew York Supreme Court · 1891
- Wright v. EldredNew York Court of Appeals · 1893