Legal Opinion

United Paper Board Co. v. Iroquois Pulp & Paper Co.

New York Court of Appeals

Decided March 11, 1919PublishedCited by 36 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 12, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtCollin, J.

The plaintiff seeks a judgment perpetually-restraining the defendant from diverting or receiving waters of the Hudson river in excess of a designated quantity and to recover damages for a diversion. The Special Term directed a judgment dismissing the complaint. The Appellate Division affirmed the consequent judgment by a non-unanimous decision. We have decided that the facts found by the Special Term or the proofs before it do not support its decision.

Each of the parties owns and operates upon the eastern bank of the Hudson river, in the town of Greenwich, Washington county, mills for the…

2Cases cited17 opinions

  1. Manson v. . CurtisNew York Court of Appeals · 1918
  2. Sage v. Mayor of New YorkNew York Court of Appeals · 1897
  3. Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
  4. Sweet v. . City of SyracuseNew York Court of Appeals · 1891
  5. Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838

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3Cited by36 opinions

  1. Federal Power Commission v. Niagara Mohawk Power Corp.Supreme Court of the United States · 1954
  2. Seneca Consol. Gold Mines Co. v. Great Western Power Co.California Supreme Court · 1930
  3. Moore v. Cal. Oregon Power Co.California Supreme Court · 1943
  4. Waterford Electric Light, Heat & Power Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1924
  5. Town of Hempstead v. Oceanside Yacht Harbor, Inc.Appellate Division of the Supreme Court of the State of New York · 1972

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