Brown v. Woodworth
New York Supreme Court
This suit was commenced by writ of nuisance, and the de-fendants were summoned to answer wherefore they kept up and' continued a certain dam, to the nuisance of the freehold of the plaintiff.
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This suit was commenced by writ of nuisance, and the de-fendants were summoned to answer wherefore they kept up and' continued a certain dam, to the nuisance of the freehold of the plaintiff. The declaration alleged that the plaintiff was possessed of a certain piece of land, describing it by metes and bounds, through which a stream of water naturally flowed, and that the defendants wrongfully, injuriously and unjustly kept up and continued a certain dam on, upon and across said .stream below the said lands of the said plaintiff, by means of which his lands were flowed; stating the injuries…
1Opinion of the Court
By the Court, Morehouse, J.
At common law an assize of nuisance lay only against him who levied the nuisance, or *552in other words the wrongdoer himself. Upon an alienation of the land wherein the nuisance was set up, the party injured was driven to his quod permittat prosternare. This writ was in its nature a writ of right. It lay not at common law for tenant at life, by reason whereof and that there was great delay, the statute of Wm. 2, ch. 25, gave an assize of novel disseisin for the redress of a variety of wrongs. While in use it lay by the heir of the disseisee against the disseisor, or…
2Cases cited2 opinions
- Howe v. WillsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kintz v. McNealCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by10 opinions
- Olmsted v. RichNew York Supreme Court · 1889
- Babcock v. UtterNew York Court of Appeals · 1864
- Hess v. Buffalo & Niagara Falls Rail RoadNew York Supreme Court · 1859
- Hutchins v. SmithNew York Supreme Court · 1872
- Ellsworth v. PutnamNew York Supreme Court · 1852
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