Lowndes v. Huntington Water Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Huntington Water Works Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 12th day of January, 1912, upon findings of fact made by a justice of the Supreme Court after a hearing at the Suffolk Special Term.
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Appeal by the defendant, Huntington Water Works Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 12th day of January, 1912, upon findings of fact made by a justice of the Supreme Court after a hearing at the Suffolk Special Term. The interlocutory judgment adjudged the defendant liable for diverting underground water by its pumping system from the ponds of the plaintiff, and directed a reference to ascertain the damages due him should defendant take no proceedings for condemnation.
1Opinion of the Court
Putnam, J.:
This suit for damages by the drying of plaintiff’s pleasure ponds in Huntington village is upon the ground that, by defendant’s system of wells and pumps, it has depleted the sources of the underground water supply for plaintiff’s ponds.
At the bottom of a narrow valley a small stream, known as Meeting House brook, ran northerly and emptied into Huntington harbor. Before 1867 this was in a springy swamp, *38the land also being watered from flowing springs in the uplands along the sides. Dams on this stream had made a succession of artificial ponds as early as 1867. In 1870 these ponds…
2Cases cited1 opinion
- Strang v. City of New YorkNew York Supreme Court · 1910
3Cited by1 opinion
- Dunbar v. SweeneyNew York Supreme Court · 1917