Erastus Corning and John F. Winslow, Respondents v. the Troy Iron and Nail Factory, Appellant

Summary

The New York Court of Appeals affirmed the General Term's judgment, granting the plaintiffs damages and a mandatory injunction requiring the defendant to restore the Wynant's Kill to its natural channel. The court held that the right to the natural flow of the stream is appurtenant to the land and passes with fee title, that equity may intervene where legal remedies are inadequate, and that cost of restoration or alleged estoppel does not bar relief.