Seneca Woollen Mills v. Tillman
New York Court of Chancery
This was an application to dissolve an injunction, upon the matter of the bill only, or to modify the same in conformity to the rights of the parties. The bill was filed by an incorporated manufacturing company, to restrain the defendant from-' using the surplus waters of the Seneca river, on the south side of the upper level at Seneca Falls, to the injury of the company’s mills.
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This was an application to dissolve an injunction, upon the matter of the bill only, or to modify the same in conformity to the rights of the parties. The bill was filed by an incorporated manufacturing company, to restrain the defendant from-' using the surplus waters of the Seneca river, on the south side of the upper level at Seneca Falls, to the injury of the company’s mills. Previous to the 4th of June, 1844, the defendant was the owner of all the water power upon that side of the upper level; except the right of using sufficient water to propel two run of flouring millstones, which he…
1Opinion of the Court
The Chancellor.
Upon the hearing of this motion, I came to the conclusion that the counsel for the complainants, and the officer who allowed the injunction in this case, were under a mistake as to the extent of the right in the water power-to which the corporation was entitled, under the deed of June, 1844. After a more full examination of the question, I see no cause to change the opinion I then expressed. It is true the bill charges that before, and at the time of, the execution of that *16deed, the defendant alleged and pretended that.he.had sufficient water power to propel twenty runs of…
2Cited by1 opinion
- Pennsylvania Coal Co. v. President, Managers, of the Delaware & Hudson Canal Co.New York Court of Appeals · 1865