Hall v. Sterling Iron & Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upion an order made December 26,1893, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upion an order made December 26,1893, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The language of the grant, properly construed, especially in view of the circumstances at the time it was made, limited the use of the water to,the Monroe Hail Works, and lapsed with the abandonment of those works. (Ashley v. Pease, 18 Pick. 268; Strong v.…
1Opinion of the CourtHaight, J.
This action was brought to restrain the defendant from placing obstructions in the outlet of Mt. Bashan pond in Orange county, or the stream of water leading therefrom, and from doing any act which shall diminish or interfere with the free flow of the water from the pond through its outlet.
Mt. Bashan pond is a lake about a square mile in extent, fed by springs and surface water. At the northeastern end of the lake is the outlet, from which runs a stream in a southerly direction. In the outlet of the lake there is a dam with gates by which the flow of the water can be accelerated or retarded…
2Cases cited14 opinions
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Strong v. BenedictSupreme Court of Connecticut · 1824
- Olmsted v. . Loomis and GravesNew York Court of Appeals · 1854
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3Cited by11 opinions
- Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- Hazleton v. WebsterAppellate Division of the Supreme Court of the State of New York · 1897
- Walker v. LillingstonCalifornia Supreme Court · 1902
- Findley Lake Property Owners, Inc. v. Town of MinaNew York Supreme Court · 1956
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