New York Rubber Co. v. Rothery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 8, -1890, which affirmed a judgment in favor of defendants, entered upon a verdict and also affirmed an order denying a motion for a new trial. The action was brought to recover damages for the alleged diversion of the waters of a stream.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 8, -1890, which affirmed a judgment in favor of defendants, entered upon a verdict and also affirmed an order denying a motion for a new trial. The action was brought to recover damages for the alleged diversion of the waters of a stream. The plaintiff owned two lots, both upon the left bank of the Matteawan creek, extending to the middle of the stream and separated by an intervening lot of a third person. The defendants owned lands upon the right bank, opposite the…
1Opinion of the CourtLandon, J.
Upon the former appeal (107 N. Y. 310) this court held that it was for the jury to determine upon the evidence whether the plaintiff’s riparian rights were injured by the defendants’ use of the water; that the test was whether that use “ was such that at various times the quantity which would otherwise have flowed past plaintiff’s lots was perceptibly and materially diminished, and to such an extent that frequently when the water was running through the tail-race of defendants there was none running over or through the dam except leakage, and, of course, none flowing past the plaintiff’s…
2Cases cited6 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Crooker v. BraggNew York Supreme Court · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- People v. HulbertMichigan Supreme Court · 1902
- Mayor of Paterson v. East Jersey Water Co.New Jersey Court of Chancery · 1908
- Gallagher v. Kingston Water Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Gilzinger v. Saugerties Water Co.New York Supreme Court · 1892
14 more not listed; retrieve them via the Exa API.