Pattison v. Richards
New York Supreme Court
THIS action was tried before Judge Cady, at the Warren circuit, in May, 1851. It was commenced on the 28th of July, 1849. The plaintiff, in his complaint, stated that the defendant had diverted the water of a stream or water course which had run and flowed for upwards of 25 years from the lands of the defendant, on to and through the lands of the plaintiff, by cutting ditches on each side of such stream on the land of said defendant, and above the plaintiff's lot; for which…
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THIS action was tried before Judge Cady, at the Warren circuit, in May, 1851. It was commenced on the 28th of July, 1849. The plaintiff, in his complaint, stated that the defendant had diverted the water of a stream or water course which had run and flowed for upwards of 25 years from the lands of the defendant, on to and through the lands of the plaintiff, by cutting ditches on each side of such stream on the land of said defendant, and above the plaintiff's lot; for which the plaintiff demanded judgment for the damages sustained by means of such diversion. The defendant denied any wrongful…
1Opinion of the Court
By the Court, Paige, J.
I see no error in the charge of the judge who tried the cause. The agreement proved on the trial and claimed by the defendant to be an equitable defense to the plaintiff’s action, was made in 1842. The acts of the defendant, viz. the digging of the ditches on' his land, by means of which the water of the stream was diverted from the plaintiff’s land, for which this action was brought, were done in 1846. The agreement proved has therefore no connection with, or relation to, the digging of the ditches, which caused the injury to the plaintiff. The variance between the…
2Cases cited5 opinions
- Crooker v. BraggNew York Supreme Court · 1833
- Merritt v. BrinkerhoffNew York Supreme Court · 1820
- Van Hoesen v. CoventryNew York Supreme Court · 1851
- Thomas v. BrackneyNew York Supreme Court · 1851
- Drake v. CockroftNew York Court of Common Pleas · 1855
3Cited by31 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Earl v. Times-Mirror Co.California Supreme Court · 1921
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Dietrich v. KochWisconsin Supreme Court · 1874
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
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