Johnston v. Hyde
Supreme Court of New Jersey
Ou appeal from the court of chancery. The parties are owners of adjoining tracts of land through which Green Brook, a natural water-course, flows. On the premises, owned by Hyde is a mill driven by the waters of the stream diverted from the natural bed of the stream, and carried to the mill by means of a dam and raceway.
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Ou appeal from the court of chancery. The parties are owners of adjoining tracts of land through which Green Brook, a natural water-course, flows. On the premises, owned by Hyde is a mill driven by the waters of the stream diverted from the natural bed of the stream, and carried to the mill by means of a dam and raceway. The complainant’s mill lot contains twelve acres of land, and is part of the premises conveyed to him by Mary L. and Sarah L. Hotchkiss, on the 23d of August, 1869. North of his land, the defendant, Johnston, is the owner of the lands through which the raceway extends, up to…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
Prior to 1824 there was a mill on the complainant’s premises, on the site of the present structure, which was driven by the waters of the stream, diverted therefrom by means of a dam, and conveyed to the mill through an open raceway. The dam and raceway, at that time, were located on or near the site of the dam and raceway as they were when the defendant began his improvements in 1872.
In 1824, Elijah Shotwell was the owner of the mill, and of the tract of land on which it was situate, which then contained forty-one and ninty-three hundredths…
2Cases cited6 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Belknap v. TrimbleNew York Court of Chancery · 1831
- Salisbury v. AndrewsMassachusetts Supreme Judicial Court · 1880
- Casler v. . ShipmanNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hammett v. RosensohnNew Jersey Superior Court Appellate Division · 1957
- Kline v. Bernardsville Ass'n, Inc.New Jersey Superior Court Appellate Division · 1993
- National Silk Dyeing Co. v. GrobartNew Jersey Court of Chancery · 1934
- Joachim v. BelfusNew Jersey Court of Chancery · 1930
- Lorenc v. SwiderskiNew Jersey Court of Chancery · 1931
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