Sackrider v. Beers
10 Johns. 241
N.Y. Sup. Ct.
1813
Check Treatment
Per Curiam.

There is no just objection to the recovery of the plaintiffs below, The defendants were answerable in damages *244for the injury to the p1aintiffs~ in the enjoyment of their mill, by diverting the natural course of the water. The defendants had~ no doubt, a right to build a mill on their land; but they must so construct the dam, and so use the water, as no~ to injure their neighbours below, in the enjoyment of the same water according to its natural course. (3 Caines’ Rep. 320.) The judgment must be affirmed.

Judgment affirmed-