Greer v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel Smith, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Westchester on the 29th day of July, 1912, granting the plaintiffs’ motion for an injunction pendente lite.
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Appeal by the defendant, Samuel Smith, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Westchester on the 29th day of July, 1912, granting the plaintiffs’ motion for an injunction pendente lite. Appeal by the defendant, Samuel Smith, from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Westchester on the 28th day of August, 1912, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Thomas, J.:
These are two appeals from orders, one overruling a demurrer to the complaint, and one granting a temporary injunction. The plaintiffs owned residences in the town of Rye, where, in 1906, the defendant established his plant for rendering fat and making tallow, fertilizer, etc. He emptied his refuse into a pond, from which it passed to and polluted a brook passing through the premises of the plaintiff Greer. Greer brought an action to enjoin the offense and procured a temporary injunction, whereupon the defendant acquired the pond and drew off its water, and then the action rested.…
2Cases cited5 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Murray v. HayNew York Court of Chancery · 1845
- Brady v. WeeksNew York Supreme Court · 1848
- Peck v. ElderThe Superior Court of New York City · 1849
- Town of Sullivan v. PhillipsIndiana Supreme Court · 1887
3Cited by5 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Evans v. City of JohnstownAppellate Division of the Supreme Court of the State of New York · 1983
- Gart v. ColeDistrict Court, S.D. New York · 1958
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963