Townsend v. . Bell
New York Court of Appeals
Appeal from an order o£ the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1899, reversing a judgment in favor of- plaintiff entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order o£ the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1899, reversing a judgment in favor of- plaintiff entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The reversal not being stated to be on questions of fact, the findings of the court on those questions, unless wholly without evidence to support them, are conclusive in this court. (Code Civ. Pro. § 1338 ; Hinckel v. Stevens, 165 N. Y.…
1Opinion of the CourtWerner, J.
This action was brought to secure an injunction restraining the defendants from polluting the waters of a stream which runs through their factory and from thence over plaintiff’s lands. The locus in quo is near the village of Hilton in the county of Ulster. Defendants are engaged in the manufacture of eiderdown, plush and other fabrics, and use considerable quantities of dye stuffs of various hues, together Avith the equipment essential to such work. Their factory is located at the confluence of two streams about 300 feet west of the Hudson river. The water of one of these streams is pure and…
2Cases cited5 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Canda v. . TottenNew York Court of Appeals · 1898
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
3Cited by17 opinions
- In Re the Estate of BrandrethNew York Court of Appeals · 1902
- Cassidy v. . UhlmannNew York Court of Appeals · 1902
- Carroll v. . BullockNew York Court of Appeals · 1913
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Hoye v. BridgewaterAppellate Division of the Supreme Court of the State of New York · 1909
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