New York Court of Appeals

Josiah B. Prentice, Respondent v. Elias H. Geiger, Appellant

September 17, 187874 N.Y. 341

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the reasonableness of the defendant's discharge of sawdust into the stream and the existence of any prescriptive right were questions of fact for the jury, and that the evidence did not establish a prescriptive right because the defendant materially changed his use after converting to a steam mill.