Barber v. . Nye
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered on the report of a referee, and granting a new trial. The action was brought by the plaintiff to recover damages of the defendant for wrongfully obstructing and flowing back the waters of the Owasco river, upon the plaintiff’s premises and water-wheel, situate in the city of Auburn.
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Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered on the report of a referee, and granting a new trial. The action was brought by the plaintiff to recover damages of the defendant for wrongfully obstructing and flowing back the waters of the Owasco river, upon the plaintiff’s premises and water-wheel, situate in the city of Auburn. The plaintiff is the owner of certain premises extending east and west of Washington street, in said city, adjoining and above lands of defendant. The Owasco outlet…
1Opinion of the Court
Lott, Ch. C.
It is claimed on behalf of the plaintiff that the referee has not found facts sufficient to establish a prescrip tive right in the defendant to flow the plaintiff’s land, and the counsel of the defendant disclaims such right. It is therefore unnecessary to examine that question. The defence of the defendant is based on a grant by Samuel Dill, the common source of the title of both parties, contained in a deed from him to Elijah Hiller and John H. Beach, bearing date the 12th day of September, 1814, conveying ten acres of land lying on Owasco creek, westerly of and below the…
2Cited by2 opinions
- Thew v. Lower Colorado River AuthorityCourt of Appeals of Texas · 1953
- Bradley v. WarnerSupreme Court of Rhode Island · 1898