Colvin v. Burnet
New York Supreme Court
Flowing of lands. This is an action on the case for the flawing of lands belonging to the plaintiffs by means of the erection of a dam in the Onondaga creek.
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Flowing of lands. This is an action on the case for the flawing of lands belonging to the plaintiffs by means of the erection of a dam in the Onondaga creek. The suit was commenced in July term, 1834. The defendant put in seven special pleas; the substance of the defence is, that on the first June, [565] 1804, one Abraham M. Walton purchased at a sale of the surveyor-general of this state, a lot of land containing 250' acres; that he entered into possession thereof, and in 1805, erected thereon a valuable flowering mill, and a dam for the purpose of the mill, .in and across the Onondaga…
1Opinion of the Court
By the Court,
Cowen, J.
The defendant has certainly, in the instance before us, entered a new field of pleading; and the plaintiff has followed him in a progress which I suspect had better have been cut short by a special demurrer to the pleas, as amounting to the general issue. This is the first time, within my knowledge, that the circumstances constituting the presumptive title to an easement have been sought to be introduced by a plea in bar to *319an action on the ease—an action which is remarkable for the latitude which it accords to every ground of defence under the simple plea of not guilty.…
2Cited by37 opinions
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- Van Valkenburgh v. LutzNew York Court of Appeals · 1952
- Texas Western Railway Co. v. WilsonTexas Supreme Court · 1892
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Warren v. FrederichsTexas Supreme Court · 1892
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