Amsterdam Knitting Co. v. . Dean
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover damages alleged to have ■been caused by the erection of an embankment across the west •channel of the Chuctanunda creek, in the town of Amsterdam, and to restrain the defendants from maintaining the same.' The facts, so far as material, are-stated in the opinion. The right to have water flow in its natural channel by a riparian owner only extends to…
1Opinion of the CourtO’Brien, J.
The parties to this action, respectively, own and operate mills upon the same stream or watercourse, the plaintiff being the lower and the defendants the upper proprietors. The plaintiff alleged that some time prior to the commencement of the action the defendants obstructed the stream by constructing an embankment across the natural channel and blasting out the bed of the stream adjoining their own premises, and so diverted the flow of the water from the course in which it was accustomed to flow. The referee found the facts in favor of the plaintiff, and the findings must be regarded as…
2Cases cited2 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
3Cited by19 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Chapman v. DeanOregon Supreme Court · 1911
- Pine v. Mayor of New YorkU.S. Circuit Court for the District of Southern New York · 1900
- Butler v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1901
- Haitsch v. DuffyCourt of Chancery of Delaware · 1914
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