Duesler v. City of Johnstown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elsebra Duesler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 21st day of July, 1897, upon the decision of the court rendered after a trial before the court without a jury at the Fulton Trial Term.
1Opinion of the Court
Putnam, J.:
The plaintiff is the owner of a lot of land in the county of Fulton, consisting of one acre, of the value of from $300 to $500. She . purchased it on July 16, 1896, of one Edick. He obtained title thereto from one Hillebrant on March 5, 1889. Cork Center creek, a natural watercourse, flows by and bounds plaintiff’s said lot on the east. A stream of water called Cold brook is a tributary of, and flows into, Cork Center creek about three miles above plaintiff’s premises.
In 1878 or 1879 the defendant appropriated the waters of Cold brook, and settled with and paid the owners of the…
2Cases cited6 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Wormser v. . BrownNew York Court of Appeals · 1896
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1892
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3Cited by3 opinions
- Fischer v. Trustees of Clifton SpringsNew York Supreme Court · 1909
- Brown v. Ontario Talc Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Storm King Paper Co. v. Firth Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1918