Strobel v. Kerr Salt Co.
Appellate Division of the Supreme Court of the State of New York
Action by William D. Strobel and others against the Kerr Salt Company. Appeal by 8 of the 14 plaintiffs from a judgment entered upon a decision of the Wyoming special term, dismissing the plaintiffs’ complaint. The action was to restrain the diversion of the waters of the Oatka creek, which passed through the towns of Gainsville, Warsaw.
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Action by William D. Strobel and others against the Kerr Salt Company. Appeal by 8 of the 14 plaintiffs from a judgment entered upon a decision of the Wyoming special term, dismissing the plaintiffs’ complaint. The action was to restrain the diversion of the waters of the Oatka creek, which passed through the towns of Gainsville, Warsaw. Middlebury, and Covington, in the county of Wyoming, the towns of Pavillion, Stafford, and Le Roy, in the county of Genesee, and town of Wheatland, in the county of Monroe, and from polluting the waters of said stream, by the respondent, a corporation engaged…
1Dissent
WARD, J. (dissenting).
The -disposition of this case involves the consideration of the rights and interests of the parties to this appeal in the waters of the Oatka creek. It would not ordinarily seem • to be necessary at this period of our jurisprudence to state the law governing the rights and duties of riparian owners along the fresh-water streams of this state, but the novel conditions which this ease discloses, and the application of its facts to the law regulating water courses, seem to render it necessary, and we shall first consider the law governing the case, and then refer to the…
2Cases cited24 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
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