Bullard v. Saratoga Victory Manufacturing Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 43.) . This action was brought to restrain defendant from interfering with the natural flow of the waters of Fish creek, and to recover damages for such interference.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 43.) . This action was brought to restrain defendant from interfering with the natural flow of the waters of Fish creek, and to recover damages for such interference. Defendant is the owner of a cotton mill situate upon said creek, known as “ Victory Mill,” run by water power from said creek. The dam creates a pond of about an acre in extent. Above this is a natural obstruction in the…
1Opinion of the CourtAndrews, J.
The defendant by means of the canals which it has constructed around Marshall’s and Winne’s reefs, has made subservient to its use at the “ Victory” mill in time of drought, a large quantity of water detained by the reefs in the stream above. By opening the gates in the canals in the morning, and closing them at night, it secures for the use of its mills during working hours, in addition to the natural flow of the stream, the water stored in the reservoirs, formed by the reefs, and is thereby enabled, during times of low water, with occasional exceptions, to operate its mills without…
2Cases cited2 opinions
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- Gehlen Bros. v. KnorrSupreme Court of Iowa · 1897
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