Merritt v. Brinkerhoff
New York Supreme Court
THIS was an action on the case, tried at the Rensselaer circuit, before Mr. Justice Van Ness, in 1818. The declaration contained four counts: The first count stated, that the plaintiffs were possessed of certain mills and works used for the purpose of manufacturing flour, and had a right to the benefit and enjoyment of the water of a certain stream of water, in Troy, &c., which had run and flowed, &c. until the stopping of the same, &c., and which of right ought still to run…
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THIS was an action on the case, tried at the Rensselaer circuit, before Mr. Justice Van Ness, in 1818. The declaration contained four counts: The first count stated, that the plaintiffs were possessed of certain mills and works used for the purpose of manufacturing flour, and had a right to the benefit and enjoyment of the water of a certain stream of water, in Troy, &c., which had run and flowed, &c. until the stopping of the same, &c., and which of right ought still to run and flow to the said mills, for supplying them with water, A.c. Yet the defendants, well knowing, &c., and intending to…
1Opinion of the Court
WoodwoRTir, J,,
delivered the opinion of the court. In this cause the defendants apply for a new' trial on several grounds: 1st. That the verdict is against la.w.
2d. That the judge misdirected the jury, and admitted im proper evidence.
3d. That the verdict is against the weight of evidence.
#4th. That the damages are excessive.
For the plaintiffs, it was contended, that, in consequence of the grant from David Defreest to Thomas L. Whitbeck, under whom they derived title, a right to the undisturbed use of the water was acquired, and that the plaintiffs, as prior grantees of a common grantor, and…
2Cited by19 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Clinton v. . MyersNew York Court of Appeals · 1871
- People v. HulbertMichigan Supreme Court · 1902
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