Burr v. Mills
New York Supreme Court
This was an action on the case, tried at the Montgomery circuit in May, 1837, before the Hon. John Willard one of the circuit judges. The suit was brought for the flowing of lands of the plaintiff, and obstructing the operations of a mill owned by him, by means of a dam erected by the defendant across a stream upon which the mill of the plaintiff is situate.
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This was an action on the case, tried at the Montgomery circuit in May, 1837, before the Hon. John Willard one of the circuit judges. The suit was brought for the flowing of lands of the plaintiff, and obstructing the operations of a mill owned by him, by means of a dam erected by the defendant across a stream upon which the mill of the plaintiff is situate. The plaintiff James Burr, showed title to one portion of the premises, part of which was overflowed, under a deed executed to him by Nathaniel Burr, bearing date 27th April, 1801; and to another portion, part of which was also overflowed,…
1Opinion of the Court
By the Court,
Cowen, J.
With regard to that part of the premises conveyed by Nathaniel Burr to the plaintiff in 1801, the deed reserved no right of flowing it. A small portion of this is penetrated by a turn of the creek, where the water is raised so as to injure the land. The defendant is clearly liable for this injury. After having sold the land absolutely, Nathaniel Burr, the testator, had no right offlowj ing left, which he could devise to his four grandchildren. It "'can make no difference that there was then a dam built which flowed this land. If a man convey land which is covered by his…
2Cases cited1 opinion
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
3Cited by27 opinions
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- McTavish v. CarrollCourt of Appeals of Maryland · 1855
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