Adams v. Greenwich Water Co.

The plaintiffs, who are riparian owners along the Mianus River in Greenwich, instituted this action to enjoin the defendant from diverting, and from attempting to take by condemnation, any of the waters of that stream. The defendant filed a cross complaint claiming a declaratory judgment determining whether it has the right to condemn the water rights although part of the benefits may accrue to inhabitants of Port Chester, New York.

The finding, with minor additions which must be made, establishes the following facts: The properties of the plaintiffs are estates with elaborate private…