Van Wycklen v. . City of Brooklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 27, 1886, which reversed a judgment in favor of the plaintiff entered upon a verdict, and granted a new trial. The nature of the action and the material facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 27, 1886, which reversed a judgment in favor of the plaintiff entered upon a verdict, and granted a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. A mill-owner having title to the running water of a stream, by which his mill is operated, has a right of action against any person who has diverted such stream by any process which took the water after it had become a part of- the open running water-course. Water, Avhile under the earth, is a…
1Opinion of the CourtBrown, J.
The plaintiff brought tins action to recover damages which he claimed to have sustained from the diverson by the defendant of the waters of a stream called Spring creek, and there was a verdict in his favor at the Circuit.
The judgment on such verdict was reversed by the General Term, and the order of reversal states that the facts were not before that court for review and its decision was upon the law only. The legal questions arising in this case are, therefore, properly before this court. Pharis v. Gere (112 N. Y. 408).
The plaintiff was the owner of a grist mill situated near the. junction…
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