Brewster v. J. & J. Rogers Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July-17, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July-17, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. All use of the river, proved in this action, has been a lawful exercise of the right of eminent domain, fully authorized by statute, and this action, therefore, will not lie. (L. 1880, ch. 533; Matter of Burns, 16 App. Div. 507; De Camp v. Thomson, 16 App. Div. 528; Menges…
1Opinion of the CourtCullen, J.
The plaintiff was the owner of two farms in the county of Essex through which ran the west branch of the Ausable river, on which river he owned and maintained a dam and a saw mill. Further up the river the defendant owned large tracts of timber land. The complaint alleged that in the years 1896, 1897 and 1898 the defendant floated a great number of logs down said stream ; that for the purpose of floating said logs the defendant accumulated great quantities of water behind dams erected by it on tributaries to said stream, and from time to time discharged into it the water so accumulated in…
2Cases cited11 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Morgan v. . KingNew York Court of Appeals · 1866
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Dudley v. . MayhewNew York Court of Appeals · 1849
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3Cited by23 opinions
- Litchfield v. . BondNew York Court of Appeals · 1906
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
- Loretto v. Teleprompter Manhattan CATV Corp.New York Court of Appeals · 1983
- Adirondack League Club, Inc. v. Sierra ClubNew York Court of Appeals · 1998
- MATTER OF KEYSTONE ASSOC. v. MoerdlerNew York Court of Appeals · 1966
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