Vedder v. Vedder
Court for the Trial of Impeachments and Correction of Errors
Case, tried at the Greene circuit in September, 1844, before Parker, C. Judge. The suit was commenced July 1, 1844. The declaration stated that the plaintiff was possessed of a dwelling house, farm and premises in Catskill, and was entitled to the benefit of a stream or water course running upon such premises for the use of himself and family to drink and use in cooking and for the watering of his cattle and horses, yet that the defendant, contriving, &c. on, &c., wrongfully…
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Case, tried at the Greene circuit in September, 1844, before Parker, C. Judge. The suit was commenced July 1, 1844. The declaration stated that the plaintiff was possessed of a dwelling house, farm and premises in Catskill, and was entitled to the benefit of a stream or water course running upon such premises for the use of himself and family to drink and use in cooking and for the watering of his cattle and horses, yet that the defendant, contriving, &c. on, &c., wrongfully and injuriously put, or caused to be put into the stream of water aforesaid, upon the premises aforesaid, the carcasses…
1Opinion of the Court
By the Court, Beardsley, J.
On the first of June, 1844, the defendant had a right of action against the plaintiff for damages done by his cattle; and at the same time, as may be assumed for the purpose of the present question, and, indeed, as *260was clearly proved on the trial, the plaintiff had a substantial ground for a suit against the defendant, for a trespass on his land, and for placing and leaving upon it, the carcasses of dead dogs, so as thereby to corrupt and render unfit for use the water of a stream to which the plaintiff and his family resorted for domestic purposes. The plaintiff…
2Cited by38 opinions
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- Grumley v. WebbSupreme Court of Missouri · 1869
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Hay v. Cohoes Co.New York Supreme Court · 1848
- Bly v. Edison Electric Illuminating Co.New York Court of Appeals · 1902
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