Jeffers v. Jeffers
New York Court of Appeals
This action was brought to restrain defendant from discharging surface waters collected on his lands through an artificial ditch or drain, which this complaint alleged he had dug for that purpose upon plaintiff’s lands, and to recover damages.
1Opinion of the Court
The court found, in substance, the following facts:
“ The parties are adjoining proprietors, the plaintiffs’ farm lying north and defendant’s south of the center of a certain highway.
“ There is a sluice across this highway on the lands of the parties, through' which there is an old natural channel and watercourse for the flow of waters from the defendant’s land at the south on to the plaintiffs’ lands, and thence by a ditch and natural way across the lands of plaintiffs and over one or two other owners northerly, and easterly into a ditch ■ called the “ Sodus Ditch,” which drains this section…
2Cases cited1 opinion
- Barkley v. . WilcoxNew York Court of Appeals · 1881
3Cited by11 opinions
- Simmons v. WintersOregon Supreme Court · 1891
- Wharton v. StevensSupreme Court of Iowa · 1891
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- East Bay Sporting Club v. MillerOhio Supreme Court · 1928
- Gray v. SchriberMissouri Court of Appeals · 1894
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