Legal Opinion

Reisert v. . City of New York

New York Court of Appeals

Decided March 24, 1903PublishedCited by 34 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17,1902, affirming a judgment awarding nominal damages in favor of plaintiff entered upon'a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17,1902, affirming a judgment awarding nominal damages in favor of plaintiff entered upon'a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The courts will always look for the best measure of damages which can be found.' In the case at bar the rental value cannot be ascertained. A property owner cannot be damaged with impunity simply because he cannot or makes no attempt to rent his…

1Opinion of the Court

This action is brought by a landowner on Long Island against the city of New York to recover damages growing out of the construction, maintenance and operation by it and its predecessor, the city of Brooklyn, of a system of driven wells and a pumping station operated for the purpose of supplying water to the former city, now borough, of Brooklyn.

The Special Term, while finding that the maintenance and operation of these wells and pumping station constituted a trespass against the plaintiff in and upon his land, and thereby lowered the ground water or water table on the same, held that he had…

2Cases cited15 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. White v. . MillerNew York Court of Appeals · 1877
  3. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  4. Schell v. . PlumbNew York Court of Appeals · 1874
  5. Forbell v. . City of New YorkNew York Court of Appeals · 1900

10 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Jenkins v. EtlingerNew York Court of Appeals · 1982
  2. Sparkill Realty Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1938
  3. Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
  4. United States v. Brooklyn Union Gas Co.Court of Appeals for the Second Circuit · 1948
  5. Brainerd v. StateNew York Court of Claims · 1911

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API