Crippen v. . Morss
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of the defendant entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment in favor of the defendant entered upon a verdict. The plaintiffs, who were tenants in common, each owning an undivided half of a grist-mill on the Schenevus creek, brought this action to recover damages for the overflowing of their lands and injury to their water-power by a dam erected by Amos H. Brown and continued by the defendant at his tannery on the stream below them. In the year 1847,-Brown was the owner of the land sixty or eighty rods below the grist-mill, and erected on…
1Opinion of the CourtFolgeb, J.
1st. The trial court did not err in the admission of testimony. The question which was ruled upon by the court and permitted, called for the act and declaration of Howe, in the presence of Benedict and Brown. As Brown, Benedict and Howe were all interested in the use of the water of this stream, it was competent to show what either of them said or did as to their relative rights, in the presence and hearing of the others.
The witness did, it is true, after the ruling of the court admitting the question, give testimony which was not called for by it; he did state what Howe said and did when…
2Cases cited6 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- De Puy v. . StrongNew York Court of Appeals · 1867
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
- Collins v. PrenticeSupreme Court of Connecticut · 1843
- Simmons v. . CloonanNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Wilson v. . FordNew York Court of Appeals · 1913
- Bauer v. GarrettCalifornia Supreme Court · 1889
- Benjamin v. American Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Cook v. KnowlesMichigan Supreme Court · 1878
- Valentine v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1896
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