Legal Opinion

Dunbar v. . Sweeney

New York Court of Appeals

Decided February 1, 1921PublishedCited by 3 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1918, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term and granting a new trial.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1918, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term and granting a new trial. The action was brought to enjoin and restrain defendants from draining a spring on plaintiff’s lands close to the boundary line between their properties, defendants having dug a reservoir on their land close to plaintiff’s spring and deeper than the spring thereby diverting into that reservoir the subterranean water supply that fed the…

1Per curiam

Upon the findings in this case which are unreversed, and without discussion, which seems unnecessary, we announce our conclusions as follows:

First. The defendants have the right upon their own lands to draw and use from subterranean waters as they have been doing, even though they drain the spring upon plaintiff’s premises, such waters as may be necessary for and incidental to the full use and enjoyment of such premises. In this case such enjoyment would include the right to use water- for refrigerating purposes in their storage plant and for the manufacture of ice with which to ice care and…

2Cases cited1 opinion

  1. Hathorn v. . Natural Carbonic Gas Co.New York Court of Appeals · 1909

3Cited by3 opinions

  1. Rothrauff Et Ux. v. Sinking Spr. W. Co.Supreme Court of Pennsylvania · 1940
  2. Evans v. City of SeattleWashington Supreme Court · 1935
  3. Robison v. LockridgeAppellate Division of the Supreme Court of the State of New York · 1930

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