Gallagher v. Kingston Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Kingston Water Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Ulster'on the 7th day of January, 1897, upon the decision of the court rendered after a trial at the Ulster Trial Term, certain questions having been submitted to the jury who rendered a verdict thereon in favor of the plaintiffs, and also from an order entered in said clerk’s office, denying the defendant’s…
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Appeal by the defendant, the Kingston Water Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Ulster'on the 7th day of January, 1897, upon the decision of the court rendered after a trial at the Ulster Trial Term, certain questions having been submitted to the jury who rendered a verdict thereon in favor of the plaintiffs, and also from an order entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. 1. The judgment awarded the plaintiffs $488.40 damages for the diversion…
1Opinion of the Court
Landon, J.:
In a former action between these parties the plaintiffs recovered a judgment for damages against,the 'defendant for diverting the waters of the Sawlcill creek from plaintiffs’ mill dam and mill by means of its reservoir upon the creek above the plaintiffs’ dam, and the pipes leading the water from, the reservoir to the city of Kingston. This action is to recover like damages in consequence of the like diversion of the waters caused by the continuance by the defendant of the same means.
The former judgment éstablishes the right of the plaintiffs to-recover upon the like facts (Plate…
2Cases cited7 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Scriver v. . SmithNew York Court of Appeals · 1885
- Cook v. New York Elevated RailroadNew York Court of Appeals · 1894
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Penrhyn Slate Co. v. Granville Electric Light & Power Co.New York Court of Appeals · 1905
- Elwood v. City of New YorkDistrict Court, S.D. New York · 1978
- Strough v. ConleyNew York Supreme Court · 1937
- In re MaguireAppellate Division of the Supreme Court of the State of New York · 1975
- Loranger v. City of FlintMichigan Supreme Court · 1915
5 more not listed; retrieve them via the Exa API.