Smith v. . City of Brooklyn
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 20, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 20, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The owner of land may dig ditches or sink wells, or in any other manner exercise his dominion over his own land, without being liable at law for the interception of any underground percolating waters consequent upon such use of his own property. (Goodale v. Tuttle, 29…
1Opinion of the CourtGray, J.
This action was brought to recover damages of the defendant for the draining of a stream and pond upon the plaintiff’s premises. The stream had existed in the same channel for very many years and the plaintiff, by means of a dam, had made a pond upon his premises. He had made use of both in connection with his farming operations, for the collection and sale of ice and for boat-building purposes. The defendant, at a distance of some 2400 feet to the south of the plaintiff’s pond, had- constructed an aqueduct for the purpose of conducting water for its municipal purposes and supplied the water…
2Cases cited1 opinion
- Pixley v. . ClarkNew York Court of Appeals · 1866
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- People v. HulbertMichigan Supreme Court · 1902
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
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