Meyer v. . Phillips
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Monday of May, 1882, which affirmed a judgment in favor of defendants, - entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the first Monday of May, 1882, which affirmed a judgment in favor of defendants, - entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendants from floating saw-logs across plaintiff’s lands on the waters of North-west Bay creek, a private stream flowing through said lands, and to-settle the rights of the plaintiff and the public in said stream. The facts sufficiently appear in the opinion. A stream, such as the one in…
1Opinion of the CourtEarl, J.
It is not claimed that the Horth-west Bay brook is in its nature, under common-law rules, a navigable stream, and that as such the defendants have any rights therein; nor is it claimed that they have any private right to use the stream by prescription, as they and those under whom they hold had not used it for any purpose for the time and in the manner required to gain a prescriptive right. But the claim is (and so it was held at the trial term) that the public had acquired a prescriptive right to use the stream for floating logs, and that these defendants, therefore, as portions of the…
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- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Hillman v. NewingtonCalifornia Supreme Court · 1880
- Shaw v. CrawfordNew York Supreme Court · 1813
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