Pixley v. . Clark

Action for damages for flooding plaintiff’s land. The .defendants purchased of the plaintiff a small strip of land on the borders of the Oriskany creek, in Oneida county. The whole, strip so purchased they occupied by an embankment on that side of the creek, considerably higher than the natural bank, to prevent the overflow of the water caused by raising their dam. They raised their dam at four different times from 1853 to 1857 inclusive, in all fifty-eight and a half inches, so that the dam was then between nine and ten feet high. The embankment was some forty'feet at the base, in and prior…