Whaley v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John W. Whaley, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 3d day of February, 1903, denying plaintiff’s motion, for leave to amend his complaint.
1Opinion of the Court
Hooker, J.:
The plaintiff alleged in his complaint that the defendant had by certain unlawful acts interfered with the flow of water in Freeport creek, and demanded judgment that the defendant be enjoined from maintaining and operating its works and stations in such a manner as to divert the waters from that creek, and for the sum of $20,000 damages to his business and property already incurred and sustained, and for the permanent loss and damage which would be sustained if the defendant should be allowed to maintain the said works. Subsequent to the service of the answer— there had been no…
2Cases cited3 opinions
- Valentine v. . RichardtNew York Court of Appeals · 1891
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Van Allen v. New York Elevated RailroadNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Bellinger v. German InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Lundy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1929