Clark v. Mayor & Common Council
New York Supreme Court
This action was brought to restrain the defendants from prostrating a dam across Onondaga creek, owned by the plaintiffs, and by which their mills were supplied with water; the defendants having declared the dam to be a nuisance, and directed the same to be abated by the owners, and in case of their default, by the street commissioner. The cause came before the court upon an appeal from the judgment at special term, overruling a demurrer to the complaint.
1Opinion of the Court
By the Court, W. F. Allen, J.
The plaintiffs seek to enjoin the defendants from tearing down and removing their dam as a nuisance. The complaint alledges that one Sylvester F. Peck, in pursuance of authority granted by the legislature of this state, by chapter 315, of the laws of 1824, erected a dam across the Onondaga creek, on Marsh lot No. 37, in the Onondaga salt springs reservation, and erected a mill on lot No. 28, and constructed a ditch or mill race from the dam so constructed to the mill; and that the said mill and premises now belong to the plaintiffs in fee, and are worth thirty…
2Cases cited4 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Mayor of New York v. LordNew York Supreme Court · 1837
3Cited by24 opinions
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- Sperling v. Hoffmann-La Roche, Inc.Court of Appeals for the Third Circuit · 1994
- Schaill v. Tippecanoe County School CorporationCourt of Appeals for the Seventh Circuit · 1989
- Northup v. HoytOregon Supreme Court · 1897
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