New York Court of Appeals

Loch Sheldrake Associates, Inc., Appellant v. Gussie Evans, Respondent

February 25, 1954306 N.Y. 297

Summary

The Court affirmed the trial court's judgment restraining the defendant from drawing water from Loch Sheldrake except for mill purposes, despite reasoning that the 1919 reservation created an absolute water right not limited to mill use. The dissent argued that the majority misread the deed and that the plaintiff retains a non‑exclusive right to use the lake water.