Legal Opinion

Hill v. Board of Water & Sewer Commissioners

New York Supreme Court

Decided May 18, 1894PublishedCited by 2 opinions

Appeal from Schuyler county court. Action by Clarqnce F. Hill and others, infants, by Emmett B. Bus-sell, guardian ad litem, against the board of water and sewer commissioners of the village of Watkins, to recover damages for the diversion of a stream of water. From a judgment entered on a verdict in favor of plaintiffs for $60, and from an order denying a motion for a new trial on the minutes, defendant appeals. Affirmed.

1Opinion of the CourtMerwin, J.

This action is brought to recover damages for the diversion of a stream of water. In the complaint it is alleged that the plaintiffs are, and were at the time of the alleged diversion, the owners and in possession of certain real estate in the village of Watkins, consisting of a house and 12 lots, of the value of $10,000; that about 1,243 feet to the westward of plaintiffs’ premises a natural stream of water arises from several springs of water on the lands of one Beach, and, prior to its diversion by defendant, flowed from thence, in an easterly direction, in a clearly-defined natural…

2Cases cited10 opinions

  1. Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
  2. Colrick v. . SwinburneNew York Court of Appeals · 1887
  3. People v. . HagadornNew York Court of Appeals · 1887
  4. Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
  5. Rood v. New-York & Erie RailroadNew York Supreme Court · 1854

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3Cited by2 opinions

  1. Hardy v. RandallSupreme Court of Alabama · 1911
  2. Callahan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904

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