McCormick v. . Horan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from obstructing the flow of water in a water-course running from the lands of plain tiffs o on to and across the lands of defendant below, and to compel him to remove obstructions placed by him in the stream The facts found were substantially these; Plaintiffs operated a quarry upon their lands near said water-course, which started from a spring…
1Opinion of the CourtAndrews, J.
Water-courses are the means which nature has provided for the drainage of the country through which they pass, and from the natural servitude of lands upon a watercourse to receive the waters flowing therein from the lands above springs the right of the owner of the superior heritage to have the water from his lands, of which the water-course is the natural outlet, drained into and carried off thereby, and the duty of the owner of the inferior and servient tenement not to interfere with or obstruct its passage. But the right to the use of a water-course for the discharge of surface or other…
2Cases cited3 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Mayor of Baltimore v. AppoldCourt of Appeals of Maryland · 1875
3Cited by22 opinions
- North Dakota v. MinnesotaSupreme Court of the United States · 1923
- Wharton v. StevensSupreme Court of Iowa · 1891
- Peck v. . GoodberlettNew York Court of Appeals · 1888
- Jackman v. MillsMassachusetts Supreme Judicial Court · 1884
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
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