Walrath v. Redfield
New York Supreme Court
This was an action on the case for damages to the plaintiffs’ mill and other property, situated on the Chittenango creek, in the county of Madison, and was tried at a circuit court held in that. county in December, 1849, before Mason, justice. The plaintiffs were the owners of a saw mill on the west side of the Chittenango canal, which was used as a feeder to the Brie canal' at Chittenango. The mill was supplied with water from the Chittenango creek.
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This was an action on the case for damages to the plaintiffs’ mill and other property, situated on the Chittenango creek, in the county of Madison, and was tried at a circuit court held in that. county in December, 1849, before Mason, justice. The plaintiffs were the owners of a saw mill on the west side of the Chittenango canal, which was used as a feeder to the Brie canal' at Chittenango. The mill was supplied with water from the Chittenango creek. In 1840, the defendant who was a superintendent of the canal, constructed a dam and dike to turn the waters of the Chittenango creek into the…
1Opinion of the Court
By the Court,
Allen, J.
The jury have found that the defendant was a wrongdoer in the erection of the dam which caused the injury to the plaintiffs’ mill, and that the title to the premises occupied by the plaintiffs’ mill and machinery had not vested in the state; that the presumption of title in the state which resulted from the map and accompanying documents which were given in evidence, and which by law are made presumptive evidence of such title, (1 R. S. 218, §§ 4 to 7. Laws of 1837, p. 518,) were overcome by the'other evidence in the case. Several questions of some difficulty are…
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