Hathorn v. Natural Carbonic Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Natural Carbonic Gas Company, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Albany on the 10th day of February, 1914, granting a discontinuance of the action without prejudice to any right by action or proceeding which the defendant may have upon the undertaking given by plaintiffs upon obtaining the preliminary injunction herein, and denying defendant’s motion for a…
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Appeal by the defendant, Natural Carbonic Gas Company, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Albany on the 10th day of February, 1914, granting a discontinuance of the action without prejudice to any right by action or proceeding which the defendant may have upon the undertaking given by plaintiffs upon obtaining the preliminary injunction herein, and denying defendant’s motion for a dismissal of the action for plaintiffs’ failure to prosecute the same.
1Opinion of the Court
Lyon, J.:
The plaintiffs were the owners of real property situated in the village of Saratoga Springs, N. Y., known as “Hathorn *769Spring,” and the defendant was the owner of twenty-one acres of land situated about 4,600 feet therefrom. This action was brought in July, 1908, to obtain a permanent injunction restraining the defendant from pumping from wells which it had drilled, and from extracting from mineral waters taken from its lands, carbonic acid gas, which it was engaged in compressing, liquifying and selling for commercial purposes. The complaint alleged that there existed underneath the…
2Cases cited10 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Hathorn v. . Natural Carbonic Gas Co.New York Court of Appeals · 1909
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
- People v. New York Carbonic Acid Gas Co.New York Court of Appeals · 1909
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