Blunt v. Aikin
New York Supreme Court
This was an action on fixe case, to recover damages for the flowing of lands by means of a dam, tried at the Rensselaer circuit in September, 1833, before the Hon. James-Vanderpoel, one of the circuit judges.
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This was an action on fixe case, to recover damages for the flowing of lands by means of a dam, tried at the Rensselaer circuit in September, 1833, before the Hon. James-Vanderpoel, one of the circuit judges. The plaintiff became the owner of- the premises flowed ,in 1832. In 1818 the defendant raised a dam on a lot below the premises in question 3 or 4 feet higher than a dam which was there formerly, by means whereof about li acres of the premises subsequently purchased by the plaintiff were flowed; and about 5 or 6" years before the trial the defendant built a large brick mill, which has…
1Opinion of the Court
By the Court,.
Savage, Ch. J.
The judge nonsuited the plaintiff on the ground, as is supposed, that an action would not lie against the defendant, as he was not in possession of the mill and dam when the injury was done for which the suit was brought. The plaintiff moves for a new trial, and asserts the principle that this action lies against the person who caused the dam to be erected, álthough he may have transferred it to another, and such other be in possession at the time of the injury complained of. For the purpose of the argument I shall assume, what seems to me to have been sufficiently…
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- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
- Salliotte v. King Bridge Co.Court of Appeals for the Sixth Circuit · 1903
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