Nye v. . Hoyle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 15, 1887, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action by one riparian owner against another to recover one-half the expense of rebuilding a dam that furnished water to both.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 15, 1887, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action by one riparian owner against another to recover one-half the expense of rebuilding a dam that furnished water to both. On the 13th of May, 1835, one Hoadiah Moore owned a water privilege on the Big Ohazy river near the village of Champlain in the county of Clinton, and immediately below, on the same side of the river, was…
1Opinion of the CourtVann, J.
By the agreement of May 13, 1835, a new water privilege was created, superior in fact and paramount in right to either of the old privileges. The owners united their estates in order to form a new property, to he owned by them in certain proportions, taking a part of each for the purpose, but leaving the ownership of the remainder undisturbed. The part contributed by Ifoadiah Moore was “the water * * * to be taken from” his mill-pond through his canal, and so much of his lands, dam, ditch, canal, hereditaments and appurtenances as was necessary for the creation and full enjoyment of the new…
2Cases cited9 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Norman v. WellsNew York Supreme Court · 1837
- Cole v. . HughesNew York Court of Appeals · 1873
- Le Roy v. PlattNew York Court of Chancery · 1833
- Fitch v. JohnsonIllinois Supreme Court · 1882
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3Cited by25 opinions
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- Mygatt v. . CoeNew York Court of Appeals · 1894
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