Lynch v. Stone
New York Supreme Court
Action on the case for diverting the waters of the Mohawk river from the plaintiffs’ mill at Rome, tried at the Oneida circuit, in April, 1844, before Gridley, Civ. Judge.
Read the full summary
Action on the case for diverting the waters of the Mohawk river from the plaintiffs’ mill at Rome, tried at the Oneida circuit, in April, 1844, before Gridley, Civ. Judge. The water was diverted from the mill, and turned through the feeder of the Erie canal, at different times in the months of July, August and September, in the year 1843. Benjamin Enos, one of the defendants, was then acting canal commissioner on that section of the Erie canal, and the other defendants acted under his directions in turning the water. It was admitted that the water was diverted from the mill for the use of the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When the navigation of any canal is interrupted or endangered by reason of a deficiency of water, it is the duty of the canal commissioners to supply the deficiency without delay; and for that purpose they are, in the first place, to resume the temporary use of all the surplus *358waters which have been leased on the level of the canal where the deficiency exists; and if there still be a deficiency, the commissioners then have power to enter upon and use all lands, streams and waters which in their judgment may be necessary or proper to procure a temporary supply of…
2Cited by6 opinions
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Walrath v. Redfield.New York Court of Appeals · 1858
- Harris v. ThompsonNew York Supreme Court · 1850
- Smith v. DouglassNew York Court of Common Pleas · 1871
- Smith v. Buffalo Street RailroadNew York Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.