Crill v. City of Rome
New York Supreme Court
The plaintiff, having a mill privilege in the city of Eome, supplied by water taken by means of a dam and an artificial channel from the Mohawk river, brings this action to restrain the defendant, the city of Eome, from taking the waters of the Mohawk river at a point called the Eidge, for the purpose of supplying the defendant’s “ water-works ” with pure and. wholesome water.
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The plaintiff, having a mill privilege in the city of Eome, supplied by water taken by means of a dam and an artificial channel from the Mohawk river, brings this action to restrain the defendant, the city of Eome, from taking the waters of the Mohawk river at a point called the Eidge, for the purpose of supplying the defendant’s “ water-works ” with pure and. wholesome water. The city was expressly authorized to construct “ waterworks,” and to supply the city with water, by an act of the legislature, passed April 24th, 1872, chapter 352, Laws of 1872. ' The mill privilege of the plaintiff is…
1Opinion of the CourtHarden, J.
Upon the hearing, the defendant offered in evidence Golden’s History of the Hive Nations of Indians,. Stone’s History of Brant, The Documentary History of New York, Bees’ Cyclopaedia, and Jones’ Annals and Becollections of Oneida County, for the purpose, in connection with other evidence, of establishing that the Mohawk river was actually navigable for commercial purposes.
The plaintiff objected to the histories, and the maps contained in them, and the question was reserved by consent, and is now determined by overruling the same, except as to Jones’ Annals and Beeollections. The latter does…
2Cases cited12 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- The People v. . VanderbiltNew York Court of Appeals · 1863
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3Cited by6 opinions
- People v. PageAppellate Division of the Supreme Court of the State of New York · 1899
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Lewis v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1913
- Onondaga Nation v. ThacherNew York Supreme Court · 1899
- People v. PageAppellate Division of the Supreme Court of the State of New York · 1899
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