New York Supreme Court January 18, 1905 (Samuels v. Armstrong)

FORBES, J.

This is an action to restrain the diversion of water from a natural stream known as the “Tremperskill,” located near Andes, in the county of Delaware. Aside from the fact of the amount of water which could be and was taken from the stream through the outlet, there is very little dispute upon any question of fact. The plaintiff and the defendant'owned farms adjoining.