# Little Falls Fibre Co. v. Henry Ford & Son, Inc.

> New York Court of Appeals · December 31, 1928 · 249 N.Y. 495

URL: https://www.frixlaw.com/law-library/cases/3610109

## Case

- **Full name:** Little Falls Fibre Company Et Al., Respondents, v. Henry Ford & Son, Inc., Appellant
- **Court:** New York Court of Appeals
- **Decided:** December 31, 1928
- **Citations:** 249 N.Y. 495; 164 N.E. 558; 1928 N.Y. LEXIS 832
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Andrews, Cardozo, Crane, Pound
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3610109

## Opinion text

The license by the Commission, whether within the jurisdiction of *Page 504
that body or without it (cf. People ex rel. Lehigh Valley Ry. Co. v. State Tax Comm., 247 N.Y. 9 , 15 ), did not exempt the holder from liability for damage caused to others by a diversion of the waters, nor authorize the impairment without requital of existing rights of property (U.S. Code, title 16, § 803, subd. c; § 814; Otis Co. v. Ludlow Mfg. Co., 201 U.S. 140 , 152 ; Kaukauna Co. v. Green Bay Canal Co., 142 U.S. 254 , 276 ; Head v. Amoskeag Mfg. Co., 113 U.S. 9 , 23 , 26 ).
Until such rights have been condemned by appropriate proceedings (U.S. Code, title 16, § 814; cf. N.Y. Condemnation Law [Consol. Laws, ch. 73], §§ 17, 24; Sweet v. Rechel, 159 U.S. 380 , 401 ; Crozier v. Krupp, 224 U.S. 290 ), the defendant is still a trespasser in obstructing the flow of the stream to the damage of a neighbor.
Whether the power of eminent domain may lawfully be exercised under section 814 of the statute by one so situated as the defendant is a question not before us.
The judgment should be affirmed with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3610109. Public record. Not legal advice.