Bowyer v. Schofield
New York Court of Appeals
Isaac Bowyer sued TJri Schofield in the supreme court, to recover damages for injuries occasioned by an alleged diversion of a stream of water from the land of the defendant on to the land of the plaintiff. The parties owned adjoining lands, through which a stream of water flowed; and Schofield, by the construction of dams, ..diverted the water, and caused it to overflow the land of Bow-yer.
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Isaac Bowyer sued TJri Schofield in the supreme court, to recover damages for injuries occasioned by an alleged diversion of a stream of water from the land of the defendant on to the land of the plaintiff. The parties owned adjoining lands, through which a stream of water flowed; and Schofield, by the construction of dams, ..diverted the water, and caused it to overflow the land of Bow-yer. Bowyer entered Schofield’s premises and abated the dam, whereupon Schofield sued Bowyer in a justice’s court for trespass. Bowyer, the defendant in that suit, in his answer, interposed a general denial,…
1Opinion of the CourtPeckham, J.
It lies with the party alleging error affirmatively to show it. If any presumptions are made they are always in. affirmance of a judgment.
In the case at bar it nowhere appears that the title of either party in the justice’s court was disputed or denied; in such case, if evidence be given of title, it does not oust the justice of jurisdiction. Koon v. Mazuzan, 6 Hill, 44; Adams v. Beach, Id. 271.
Had it been disputed, the party insisting upon the invalidity of the judgment should have proved that fact. The justice testified that he decided where the stream ought to run according to the…
2Cases cited10 opinions
- Adams v. RiversNew York Supreme Court · 1851
- Burt v. SternburghNew York Supreme Court · 1825
- Browne v. ScofieldNew York Supreme Court · 1850
- Rathbone v. . McConnellNew York Court of Appeals · 1860
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
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3Cited by1 opinion
- La Rue v. . SmithNew York Court of Appeals · 1897