Legal Opinion

O'Donnell v. Brown

New York Supreme Court

Decided January 15, 1871PublishedCited by 2 opinions

This was an appeal by the plaintiff from a judgment entered on the report of a referee appointed upon motion granted for a new trial in the Onondaga County Court, to hear and determine the action.

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This was an appeal by the plaintiff from a judgment entered on the report of a referee appointed upon motion granted for a new trial in the Onondaga County Court, to hear and determine the action. It appeared on the hearing before the referee that the plaintiff was in possession of certain lands in Onondaga county, upon which a saw-mill was fed by an artificial channel cut through the defendant’s lands, as well as other lands, to draw surplus waters from several lakes and ponds; that the plaintiff had placed racks and gates upon this artificial stream, as it ran through the defendant’s…

1Opinion of the Court

By the Court —

Johnson, J.

The action was commenced in Justices’ Court to recover damages for the removal by the defendant of certain gates and racks placed in a certain ditch, through which water flowed to plaintiff’s mill. The racks and gates were placed in the ditch to regulate the flow of the water to the mill. The defence set up in the defendant’s answer was, first, a general denial; and, second, that the rack and gates were put in upon the premises in the possession of the defendant, and were so placed as to cause the water to flow- over the lands and premises in his possession, doing…

2Cited by2 opinions

  1. Gould v. PattersonNew York Supreme Court · 1895
  2. Shaver v. EldredNew York Supreme Court · 1886

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