Evangelical Lutheran St. John's Orphan Home v. Buffalo Hydraulic Ass'n
New York Court of Appeals
Appeal front judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 6 T. & C., 589; 4 Hun, 419.) This action was brought to require defendants to remove a dam across Buffalo creek, which they were constructing upon plaintiff’s premises, and to restrain them from constructing any dam.on said premises.
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Appeal front judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 6 T. & C., 589; 4 Hun, 419.) This action was brought to require defendants to remove a dam across Buffalo creek, which they were constructing upon plaintiff’s premises, and to restrain them from constructing any dam.on said premises. The referee found,.among other things, the following: That prior to and on February 21, 1828, Robert Troup and others were the owners of the lands and premises where the…
1Opinion of the CourtAllen, J.
Whatever may be the rights of the defendants or either of them to maintain a dam upon the site of that originally constructed in 1829 under the grant from Robert Throup and others, then owners of the lands upon which the same was located, their rights are restricted to that particular site. The right and privilege granted to the hydraulic association was to enter upon and take possession of such piece of land at or near a point designated as might be necessarily occupied and covered by a dam or dyke to be there erected by the grantees. Although the lands upon which the privilege was to be…
2Cases cited1 opinion
- Fitzhugh v. RaymondNew York Supreme Court · 1867
3Cited by6 opinions
- Lewis v. YoungNew York Court of Appeals · 1998
- Winslow v. City of VallejoCalifornia Supreme Court · 1906
- Hannah v. PogueCalifornia Supreme Court · 1944
- Dowd v. AhrNew York Court of Appeals · 1991
- Hydraulic Power Co. v. Pettibone Cataract Paper Co.New York Supreme Court · 1920
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