Meveigh v. International Paper Co.

Appellate Division of the Supreme Court of New York

Meveigh v. International Paper Co.

125 A.D. 293, 109 N.Y.S. 574, 1908 N.Y. App. Div. LEXIS 2768

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1908

StatusPublished

This text of 125 A.D. 293 (Meveigh v. International Paper Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meveigh v. International Paper Co., 125 A.D. 293, 109 N.Y.S. 574, 1908 N.Y. App. Div. LEXIS 2768 (N.Y. Ct. App. 1908).

Pincite

Opinion

Per Curiam :

The judgment should not be reversed on account of its indefiniteness. ■ It prohibits the maintenance of the dam at such a height [294]*294that during the natural flow of water it would extend the pond created by the datn into the lake. The moment the height of the water at the natural flow in the lake is determined, then the judgment becomes definite and certain, and it is a matter that can be easily established from time to time what the patnral flow is. That being determined, the prohibition against the defendant is definite. The dam is to be regulated by the conditions existing during the natural flow. ' If the defendant maintains .it according to such conditions, it apparently is not responsible for results from an extraordinary or excessive flow.

The other points raised have been considered, and the judgment should be unanimously affirmed, with costs.

All concurred.

Judgment unanimously affirmed, with costs.

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Per Curiam :

The judgment should not be reversed on account of its indefiniteness. ■ It prohibits the maintenance of the dam at such a height [294]*294that during the natural flow of water it would extend the pond created by the datn into the lake. The moment the height of the water at the natural flow in the lake is determined, then the judgment becomes definite and certain, and it is a matter that can be easily established from time to time what the patnral flow is. That being determined, the prohibition against the defendant is definite. The dam is to be regulated by the conditions existing during the natural flow. ' If the defendant maintains .it according to such conditions, it apparently is not responsible for results from an extraordinary or excessive flow.

The other points raised have been considered, and the judgment should be unanimously affirmed, with costs.

All concurred.

Judgment unanimously affirmed, with costs.

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Bluebook (online)

125 A.D. 293, 109 N.Y.S. 574, 1908 N.Y. App. Div. LEXIS 2768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meveigh-v-international-paper-co-nyappdiv-1908.