Henderson Estate Co. v. Carroll Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, The Henderson Estaet Company and another, irom a judgment of the Supreme Court in favor of the defendant, entered in the, office, of the clerk of the .county of Dutchess on the 19th day of • June, 1905, upon the report of a referee, and also from an order"made at the Dutchess County Special Term, bearing daté the 13th day of May, 1905, and entered in said clerk’s office, granting the defendant an extra allowance.
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Appeal by the plaintiffs, The Henderson Estaet Company and another, irom a judgment of the Supreme Court in favor of the defendant, entered in the, office, of the clerk of the .county of Dutchess on the 19th day of • June, 1905, upon the report of a referee, and also from an order"made at the Dutchess County Special Term, bearing daté the 13th day of May, 1905, and entered in said clerk’s office, granting the defendant an extra allowance. The plaintiff, The Henderson Estate Company, and the defendant are the owners of water privileges on the Matteawan creek, having a- common" grantor who…
1Opinion of the Court
Miller, J.:
The plaintiffs claim that they should succeed in this action upon two grounds,' first, because their rights as lower riparian owners have been invaded by the defendant; second, because the ’ rights 'reserved in the conveyance by the common grantor have likewise been violated..
- . As to thó riparian rights, the law seems to be settled in this State against the plaintiffs’ contention, as the doctrine of the leading case in Massachusetts (Gould v. Boston Duck Co., 13 Gray, 442) has been expressly approved and adopted by the Court of Appeals. (Clinton v. Myers, 46 N. Y. 511 ; Bullard…
2Cases cited10 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Clinton v. . MyersNew York Court of Appeals · 1871
- Duryea v. . MayorNew York Court of Appeals · 1875
- People v. PageAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by4 opinions
- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- Maylender v. Fulton County Gas & Electric Co.New York Supreme Court · 1928
- Miller v. SouthardSouth Dakota Supreme Court · 1917
- Hall v. ConklinAppellate Division of the Supreme Court of the State of New York · 1910