Thomas v. Brackney
New York Supreme Court
This action was brought by the plaintiff against the defendant in a justice’s court, for an alleged injury to his mill, arising from the defendant throwing tan-bark into the stream, which floated down into the plaintiff’s pond, filling his race and getting into his flume, &c. The defendant’s tannery was situated on the same stream—the Charlotte creek—with the plaintiff’s grist mill, and was about five miles above it.
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This action was brought by the plaintiff against the defendant in a justice’s court, for an alleged injury to his mill, arising from the defendant throwing tan-bark into the stream, which floated down into the plaintiff’s pond, filling his race and getting into his flume, &c. The defendant’s tannery was situated on the same stream—the Charlotte creek—with the plaintiff’s grist mill, and was about five miles above it. The plaintiff’s grist mill was erected in 1824, and the defendant’s tannery in 1838, The defendant’s tannery had been in operation for seventeen years, and the tan-bark had…
1Opinion of the Court
By the Court, Mason, J.
The maxim, “ Sic utere tuo ut alienmn non Icedas” is as sound in morals, as it is firmly settled in the principles of the common law. The judicial mind, however, is not unfrequently greatly perplexed in applying this maxim to the conflicting rights of men, in the complicated affairs of society. The application of this maxim, to the class of cases to which the one under consideration belongs, is many times difficult in the extreme, arising from the conflicting rights of indi*656viduals, affected as they are, more or less, by considerations affecting the public interests. By…
2Cases cited1 opinion
- Palmer v. MulliganNew York Supreme Court · 1805
3Cited by8 opinions
- Pattison v. RichardsNew York Supreme Court · 1856
- Carhart v. Auburn Gas Light Co.New York Supreme Court · 1866
- Ellington v. BennettSupreme Court of Georgia · 1877
- Gladfelter v. WalkerCourt of Appeals of Maryland · 1874
- Fisher v. ClarkNew York Supreme Court · 1863
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