Palmer v. Mulligan
New York Supreme Court
THIS was an action on the case for erecting and continuing a nuisance to the plaintiffs’ mills and dam, situated upon the river Hudson, at Stillwater, in the county of Saratoga, by building above the same a dam, and thereby directing the water from its ancient and accustomed course, and from the mills and dam of the. plaintiffs, in consequence whereof they had not a sufficiency of water for working.
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THIS was an action on the case for erecting and continuing a nuisance to the plaintiffs’ mills and dam, situated upon the river Hudson, at Stillwater, in the county of Saratoga, by building above the same a dam, and thereby directing the water from its ancient and accustomed course, and from the mills and dam of the. plaintiffs, in consequence whereof they had not a sufficiency of water for working. The declaration set forth other gravamina in obstructing the rafting of timber into their dam, which was used as well to keep logs to be sawed, as to collect and retain water for working their…
1Opinion of the CourtSpeNcer, J.
A motion has been made on the part of the plaintiffs for a new trial on two grounds. 1st. That the verdict is against the weight of evidence, and 2d, on discovery of new evidence.
The plaintiffs’ witnesses generally accorded in saying, that the only injury to the plaindffs by the erection of the defendants’ dam, is this, that it occasioned additional labor and expense to the plaintiffs to carry logs into their dam. None of them pretend thatthere has been any diver*312sion of the water since the defendants erected their dam, which was seven or eight years ago. Some of the plains tiffs’ witnesses…
2Cited by52 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Enfield Toll Bridge Co. v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1845
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