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Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 17: (English)

Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 17: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 Excerpt: ...a new trial on several grounds: 1st. That the verdict is against law. 2d. That the judge misdirected the jury, and admitted im proper evidence. 3d. That the verdict is against the weight of evidence. 4th. That the damages are excessive. i 320 For the plaintiffs, it was contended, that, in consequence of the grant from David Defreest to Thomas L. Whitbeck, under whom they derived title, a right to the undisturbed use of the water was acquired, and that the plaintiffs, as prior grantees of a common grantor, and as prior occupants pursuant to their grant, can sustain the present action against the defendants, and are entitled to recover the damages they have sustained. The grant has no bearing upon the point, whether the defendants are liable, but leaves it to be decided upon different principles. Defreest granted two acres of land, the privilege of digging a raceway or canal, and also of erecting a dam, to raise the water three feet six inches higher than the dam then was, with liberty to draw the water out of the kill through the canal so to be dug. The words of the grant being definite and certain, they are not to be extended by construction, so as to deprive the grantor of his mill privileges at other places on the same stream. Whitbeck's grant is satisfied by allowing him to erect a dam, and by means thereof to draw the Albany, water from the creek to the canal: it does not convey the use Janunrv, 820, of all the water, by a regular flow, uninterrupted by mills, or Mehritt water works above the plaintiff's dam, and within the limits ..v-of the grantor's right, but so much onlvs could be obtained Howr. consistently with the right the grantor had, to erect mills and place dams above: It was intended that each party should have a community of right to...


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Product Details
  • ISBN-13: 9781130813203
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 234
  • Series Title: English
  • Weight: 426 gr
  • ISBN-10: 1130813207
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 12 mm
  • Width: 189 mm


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Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 17: (English)
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