City of New York v. . Blum
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 11, 1912, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 11, 1912, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The use by the appellant of the ponds upon his premises, for the raising of ducks in the manner in which they are ordinarily raised, was not a nuisance, and the decree which enjoined such use was unwarranted. (Sweet v. City of Syracuse, 129 N. Y.…
1Opinion of the CourtMiller, J.
This is an injunction action. The defendant owns about ten acres of land at the village of Rock-ville Center, Nassau county, on the east bank of Pine’s stream, a small stream which flows into Smith’s pond about a quarter of a mile south of the defendant’s premises. Smith’s pond was acquired, by the city of Brooklyn for water supply purposes in 1853 and is now used by the plaintiff for the purpose of supplying the inhabitants of Brooklyn with pure and wholesome water. There are three small, shallow ponds on said premises fed by an artificial channel from Pine’s stream, and at the time of the…
2Cases cited2 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- George v. . Village of ChesterNew York Court of Appeals · 1911
3Cited by6 opinions
- Parry v. MurphyAppellate Division of the Supreme Court of the State of New York · 2010
- Davis v. CordellSupreme Court of South Carolina · 1960
- Kennedy v. Hoog, Inc.New York Supreme Court · 1965
- In re Acquiring Title by the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Squaw Island Freight Terminal Co. v. City of BuffaloNew York Court of Appeals · 1937
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