Brown v. . Bowen
New York Court of Appeals
This action was brought by the plaintiffs, claiming that the defendants, by building a wing dam in the Otselic river, flooded water back upon the plaintiffs’ grist and saw-mills, so as to greatly injure them.
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This action was brought by the plaintiffs, claiming that the defendants, by building a wing dam in the Otselic river, flooded water back upon the plaintiffs’ grist and saw-mills, so as to greatly injure them. (Other causes of action were set forth in the complaint, which, on trial, were dismissed by the court.) The defendants denied the complaint, answering separately; the defendant, Wells H. Bowen, in his answer, denying that the plaintiffs had rightful possession of the premises injured, or that they owned the same or had legal title or lawful right to use the same, and claiming that they…
1Opinion of the CourtMullin, J.
The plaintiffs at the time of the erection of the dam by the defendant, were in the actual use and occupation of the premises, on which the mills in question were located, and they and those under whom they claimed, had been in possession of the same for quite a number of years prior to the erection of said dam. It was proved that the defendant erected the dam, and that by means of it the water had been set back upon the plaintiffs’wheels, thereby reducing the power thereof, and injuring the plaintiffs’ mills. It cannot be denied that if these were the only facts in the case, the plaintiffs…
2Cases cited3 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Town v. NeedhamNew York Court of Chancery · 1831
3Cited by58 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Lux v. HagginCalifornia Supreme Court · 1886
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