Legal Opinion

Storm King Paper Co. v. Firth Carpet Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1918PublishedCited by 2 opinions

Appeal by the plaintiff, The Storm King Paper Company, Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 6th day of December, 1917, upon the decision of the court after a trial at the Orange Special Term.

1Opinion of the Court

Thomas, J.:

The action is to restrain the pollution of Moodna creek in the county of Orange, on which the defendant owns and operates a carpet mill, while 8,000 feet below it is plaintiff’s paper mill. Defendant has water closets available to its 640 employees, whereof the effluent is carried through a tailrace into the stream. The washings of the wool used in its products enter the stream, as well as the water in which the dyed yarn has been washed. It appears that the stream with some tributaries receives impurities from the soils, farming and more settled regions through which it runs, as…

2Cases cited11 opinions

  1. Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
  2. Amsterdam Knitting Co. v. . DeanNew York Court of Appeals · 1900
  3. Townsend v. . BellNew York Court of Appeals · 1901
  4. Townsend v. BellNew York Supreme Court · 1891
  5. Gilzinger v. Saugerties Water Co.New York Supreme Court · 1892

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3Cited by2 opinions

  1. Waterloo Woolen Manufacturing Co. v. StateNew York Court of Claims · 1922
  2. Jones v. Breyer Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1956

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