Grein v. Yohon
New York Supreme Court
Action for injunction and damages.
1Opinion of the CourtBodenbeck, J.
The dispute in this case arises over the alleged diversion of the waters of Carney Hollow creek into Poky Moonshine creek and the main question of fact relates to whether or not when the defendant dug the ditch across his farm on March 27, 1913, he caused a diversion of the waters of the creek passing through his farm so that they flowed across the farm of the plaintiff and caused the damages or a part thereof for which he sues. Whether or not there was a diversion depends upon the pivotal question in this case, whether or not at the time that the ditch was dug the waters of Carney Hollow…
2Cases cited9 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
- Leeds v. . New York Telephone Co.New York Court of Appeals · 1904
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3Cited by3 opinions
- Mann v. PulliamSupreme Court of Missouri · 1939
- Kirby v. DubinskyNew York Supreme Court · 1963
- Mateo v. AbadAppellate Division of the Supreme Court of the State of New York · 1933