New York Carbonic Acid Gas Co. v. Geyser Natural Carbonic Acid Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Geyser Hatural Carbonic Acid' 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 Saratoga on the 18th day of July, 1900, restraining the defendantfrom disconnecting, tearing up, or in any way interfering with any pipe of the plaintiff now laid, or which it may put down upon or over the right of way claimed tó be owned by it, over the premises of the defendant…
Read the full summary
Appeal by the defendant, The Geyser Hatural Carbonic Acid' 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 Saratoga on the 18th day of July, 1900, restraining the defendantfrom disconnecting, tearing up, or in any way interfering with any pipe of the plaintiff now laid, or which it may put down upon or over the right of way claimed tó be owned by it, over the premises of the defendant extending from the premises formerly owned by Emily H. Hathorn and Frank H. Hathorn described in the complaint,. to and…
1Opinion of the Court
Parker, P. J.:
The pipe which the defendant threatens to disconnect or tear up had never been used by the plaintiff. It was being put down when this action was commenced, and the purpose of the action is to determine whether the plaintiff has the right to lay and maintain it over the route claimed by it. Requiring the plaintiff to wait until *131final judgment determines such right would not in the least tend to render such judgment ineffectual. It would, at most, deprive it of a use to which it may appear it is entitled. But if, upon final judgment, it should appear that plaintiff is not entitled…
2Cases cited1 opinion
- Greanelle v. Mercantile Benefit Ass'nNew York Supreme Court · 1895
3Cited by2 opinions
- Lexington & Eastern Railway Co. v. HargisCourt of Appeals of Kentucky · 1918
- New York Carbonic Acid Gas Co. v. Geyser Natural Carbonic Acid Gas Co.New York Supreme Court · 1901