New York Supreme Court January 15, 1886 (Smith v. City of Rochester)

The decision below was affirmed on the foregoing opinion of Rumsey, J., the following dissenting opinion being delivered at. General Term, by

Haight, J.

(dissenting):

It appears from the stipulated facts that the plaintiffs have suffered no damage by reason of the diversion of the water by the defendant; but, on the contrary, they have been furnished with a more constant and uniform supply of