Avery v. . Empire Woolen Company
New York Court of Appeals
These were cross appeals from an order of the General Term of the Supreme Court, in the fourth judicial department, affirming in part and reversing in part a judgment herein in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiffs claim that defendant, by various acts, set water back upon his premises was one single cause of action.
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These were cross appeals from an order of the General Term of the Supreme Court, in the fourth judicial department, affirming in part and reversing in part a judgment herein in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiffs claim that defendant, by various acts, set water back upon his premises was one single cause of action. (Wolstenholme v. Wolstenholme File Mfg. Co., 64 N. Y. 272; Story v. N. Y. & H. R. R. Co., 6 id. 85.) Both parties having acquiesced in the…
1Opinion of the CourtEarl, J.
The parties to this action own adjoining lands in the county of Oneida, and the Sauquoit creek runs northerly through" the lands. Each party owns and uses a water-power upon thé creek, that of the defendant being northerly of the plaintiff’s and lower down. The plaintiff commenced this action in the fall of 1874, alleging in his complaint that the defendant had raised the dam across the creek upon its land so high as to ,set the water back into the tail-race upon his land, thus injuring his power; that it had constructed an embankment across the main channel of the creek, a large portion of…
2Cases cited2 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Packer v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
3Cited by7 opinions
- Wilhelm v. . BurleysonSupreme Court of North Carolina · 1890
- Wills v. BabbIllinois Supreme Court · 1906
- Bell v. HayesAppellate Division of the Supreme Court of the State of New York · 1901
- Pearsall v. WestcottAppellate Division of the Supreme Court of the State of New York · 1898
- Dowlen v. CrowleySupreme Court of Oklahoma · 1934
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