Trevett v. . Barnes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made June 1Y, 1884, which affirmed a judgment entered upon a verdict in favor of plaintiffs. The nature of the action and the material facts are set forth in the opinion. The plaintiffs utterly-failed to show title either to the dam or artificial ditch or race-way in question, or possession thereof, or any easement therein or thereto.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made June 1Y, 1884, which affirmed a judgment entered upon a verdict in favor of plaintiffs. The nature of the action and the material facts are set forth in the opinion. The plaintiffs utterly-failed to show title either to the dam or artificial ditch or race-way in question, or possession thereof, or any easement therein or thereto. (Hudson v. Swan, 83 N. Y. 552; Ferris v. Brown, 3 Barb. 105, 109, 110; Hawkins v. Wallis, 2 Wils. 173; Miller v. L. I. R. R. Co., 71 N. Y. 381,…
1Opinion of the CourtPeckham, J.
The plaintiffs brought their action to recover damages sustained by them, as alleged in their complaint, by reason of injuries inflicted by defendants upon a certain darrq which they alleged, in one count of their complaint, they were owners of in fee, and in another they alleged that they had the right to use the water in Hans creek, and that the defendants negligently and unnecessarily flooded the stream and washed out and destroyed the plaintiffs’ dam, etc. The defendants took issue in their answer upon the question of ownership of the dam and the right to use the waters of the creek, and…
2Cases cited1 opinion
- Nichols v. . VoorhisNew York Court of Appeals · 1878
3Cited by5 opinions
- Monte Vista Canal Co. v. Centennial Irrigating Ditch Co.Colorado Court of Appeals · 1912
- Oliver v. FrenchNew York Supreme Court · 1894
- Phelps v. MalloryAppellate Terms of the Supreme Court of New York · 1911
- Reino v. BuczkowskiNew York Supreme Court · 1955
- Monte Vista Canal Co. v. Centennial Irrigating Ditch Co.Colorado Court of Appeals · 1912