The Village of Delhi v. . Youmans
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the sixth district, affirming a judgment for the defendant at Special Term. This was an action for a perpetual injunction, restraining the defendant from digging upon his own land, for a lawful purpose, the result of which" was the diversion of the water, and preventing its flowing or percolating into two large and valuable springs on adjoining land, which supplied the village of Delhi with water.
Read the full summary
Appeal from a judgment of the late General Term of the Supreme Court in the sixth district, affirming a judgment for the defendant at Special Term. This was an action for a perpetual injunction, restraining the defendant from digging upon his own land, for a lawful purpose, the result of which" was the diversion of the water, and preventing its flowing or percolating into two large and valuable springs on adjoining land, which supplied the village of Delhi with water. This court must decide upon the facts as found by the judge at Special Term, who acted as referee. (Mosher v. Hotchkiss, 3…
1Opinion of the Court
By the Court — Peokham,- J.,
If the action of the defendant took the water away from the springs, after it had reached there, after it had become part of an open, running stream, then this action would lie. (Rawstron v. Taylor, 33 Eng. L. & Eq., 428; Broadbent v. Ramsbotham, 34 id., 553; Chasemore v. Richards, 7 House of Lords Cases, 349; Pixley v. Clark, 35 N. Y., 520; Goodale v. Tuttle, 29 id., 459; Ellis v. Duncan., 21 Barb., 230, affirmed in this court, but not reported.)
But if it merely prevent the water from reaching the spring or open, running stream, by intercepting its percolation or…
2Cases cited2 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Ellis v. DuncanNew York Supreme Court · 1855
3Cited by31 opinions
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Case v. HoffmanWisconsin Supreme Court · 1898
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
26 more not listed; retrieve them via the Exa API.