thereof as is or shall be excavated for the new bed of said stream, but also by the washing away and overflowing of the lands of the plaintiff, particularly in spring time and the season of rains, when the said stream becomes a rapid and powerful current, and overflows its banks; the said lands, through which said trench or channel is to be or is already constructed, and the plaintiff's premises lying contiguous thereto, being, as the plaintiff alleges, arable land, and valuable for purposes of cultivation and pasture. Wherefore, the plaintiff demands the judgment of this court: first, that the defendant may be adjudged to pay him the damages sustained by him for the trespass, as above claimed, in the sum of two hundred and fifty dollars; and second, that the said defendant may be perpetually enjoined and restrained from constructing, maintaining or continuing said trench or channel, or any part or portion thereof, or any dam or other obstruction in the natural bed of said stream, for the purpose of diverting the waters thereof in such artificial channel, and be restrained and enjoined perpetually from turning the waters of said stream through or upon any portion of the said lands of the said plaintiff, and in the mean time that a temporary injunction may issue, or for such other or further relief as may be just. S. & V. S., Plaintiff's Attorneys. (No. 17.) For a perpetual injunction, to restrain defendant from diverting a water-course, alleging inability of defendant to respond in damages. SUPREME COURT-RENSSELAER COUNTY. Archibald Hoyt Richard Carter. The above named plaintiff complains against the above named defendant, and says, that he, the said plaintiff, is seized in fee and possessed of a certain lot, piece or parcel of land, with the appurtenances thereunto belonging, situate in the sixth ward of the city of Troy, in the county of Rensselaer, on the south side of the highway leading from the bridge over the Poestenkill, near the Globe Mills, easterly, called the Hollow road, which is bounded as follows, to wit: [Describing the premises.] And the said plaintiff avers, that along and across his above bounded and described piece of land, and adjoining the south side of the said Hollow road, runs a valuable stream of water, having sufficient power to drive and carry extensive machinery, and affording valuable water power and mill privileges along the whole distance; which said stream of water, with the power and privileges aforesaid, belong to and are the property of the said plaintiff, and that the said stream of water now runs and flows in its natural bed or channel, and where the same has run and flowed time out of mind. And the said plaintiff further avers, that he has recently erected, at great expense, to wit, about $2,000, on his said lot of land, a valuable building on the south side of said Hollow road, about sixty feet easterly from the northwest corner thereof, and about two-hundred and forty-eight feet westerly from the west boundary line of the said lot, conveyed by the said plaintiff to the said Richard Carter, as above stated, for the purpose of carrying on the business of manufacturing India rubber therein, in the manufacture of which extensive machinery is used, and power to drive or carry said machinery absolutely necessary; that said building is erected over and upon said stream of water, and its natural bed or channel, and at a place where all the power necessary to drive or carry said machinery could be obtained from said stream of water; and that said building is nearly completed and fit for use. upon And the said plaintiff further avers, that the said Richard Carter threatens to, and is about to, divert said stream of water from its said natural bed or channel, at a point about one hundred and seventy-five feet easterly from the plaintiff's said buildings, and to carry or convey the said stream of water from thence, through troughs, canals or otherwise, across or under the said Hollow road to the north side thereof, and from thence down along the north side of said road to the said Poestenkill, in such a manner as to conduct or carry the whole of said stream of water away from the plaintiff's said building; and that the said Richard Carter, on the 1st day of December, 1849, commenced digging a canal, or water-course, at the point last aforesaid, for the purpose of laying down logs and trunks, through which to divert, carry and conduct the said stream of water from its natural channel as aforesaid; and although then and there requested and directed by the said plaintiff to desist from the same, the said defendant, without right, and contrary to law, still continues to prosecute the same. And the said plaintiff further avers, that he has no means by which he can obtain power to drive or carry the said machinery in his said. India rubber factory, except that derived from the said stream of water as it now flows in its natural channel, and has so flowed from time immemorial, and that if the said Richard Carter succeeds in diverting the said stream of water from its said natural bed or channel, as he is about to do, as above stated, that he, the said plaintiff, will be entirely deprived thereby of power to drive or carry the said machinery in his said India rubber factory; and that the said plaintiff's said building will thereby be rendered and become valueless to the said plaintiff: and the said plaintiff will otherwise sustain great damage, by having his said business for the manufacture of India rubber impeded and destroyed, together with the profits arising from said manufacture; and that the said Richard Carter is not now, and would not be, in the opinion of the said plaintiff, at the termination of this action, the owner of property, real or personal, sufficient to satisfy the said plaintiff for the damage he would ultimately sustain from the diversion of the said stream of water from its natural channel, as aforesaid, as the said Richard is now doing and about to do. And the said plaintiff demands judgment in this action against the said Richard Carter, that he, the said Richard, may be enjoined and perpetually restrained from diverting the said stream of water, from its said present bed or channel, in such a manner as to carry the said stream of water, or any part thereof, away from the said plaintiff's said building, so erected as aforesaid, and from doing any act tending to divert the same, or in any manner interfering with, damaging, or injuring the said plaintiff's said water power, privileges, lands and tenements, so owned, occupied and possessed by him aforesaid, with costs, &c. PIERSON & SMITH, (No. 18.) To restrain defendant from unlawful use and diversion of water power, and compel him to restore water-course to its former state. SUPREME COURT-RENSSELAER COUNTY. Erastus Corning and John F. Winslow agt. The Troy Iron and Nail Factory. The plaintiffs complain of the defendant, and allege the following facts, constituting their cause of action: That said defendant is a body corporate, duly organized and incorporated under the laws of the State of New-York. That the said plaintiffs are the owners, as tenants in common, in fee simple, of the following described premises and real estate, situate in the sixth ward of the city of Troy, and bounded as follows [insert description of premises, ending as follows]: "containing seven acres, two roods and thirteen perches of land, excepting and always reserving one acre of land on the south side of the creek, and adjoining the creek where the line crosses the said creek, unto Stephen Van Rensselaer, Esq., and to his heirs and assigns," as the said premises are substantially described in a certain lease thereof, &c., &c. And the plaintiffs further allege, that said excepted acre is now in possession of, and, as the plaintiffs are informed and believe, owned by, the defendant; and that the Wynantskill, as it winds and runs through the southerly portion of plaintiffs' lot, as above described, is the northerly, easterly and westerly boundary of said excepted |