Platt v. Johnson & Root
New York Supreme Court
THIS was an action on the case for obstructing the waters of the Cincinnatus Creek, in their ancient course across the defendant’s land, to the plaintiff’s grist and saw mills, erected on his land lower down the stream, whereby the waters of the creek were withheld from the plaintifi’s mills, and the plaintiff deprived of the profits of his mills.
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THIS was an action on the case for obstructing the waters of the Cincinnatus Creek, in their ancient course across the defendant’s land, to the plaintiff’s grist and saw mills, erected on his land lower down the stream, whereby the waters of the creek were withheld from the plaintifi’s mills, and the plaintiff deprived of the profits of his mills. The cause was tried before Mr. Ch. J. Thompson, at the Oneida circuit, in June, 1817. The plaintiff, being possessed of land lying on both sides of the creek, in 1797 erected a saw mill and dam on the creek; in 1805 and 1806 he erected a grist mill…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court.
The question involved in the decision of this case may, perhaps, be considered as one of the first impression. I cannot persuade myself, however, that the claim set up by the plaintiff can be sustained upon any principles of lary recognized in our courts. The principle sought to be established is, that a previous occupancy of land upon a stream of water, *218and an appropriation of fhe water to the purposes of a mill, gives such a right to the stream, in its . whole extent above, as to control the use of the water, so as to prevent any subsequent…
2Cases cited1 opinion
- Palmer v. MulliganNew York Supreme Court · 1805
3Cited by22 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Dumont v. KelloggMichigan Supreme Court · 1874
- Graves v. StateIndiana Supreme Court · 1889
- Baker, Fleming & Hubert v. BrownTexas Supreme Court · 1881
- Hendrick v. CookSupreme Court of Georgia · 1848
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